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HomeMy WebLinkAboutTR-6053 i MARITIME & ENVIRONMENTAL CONSULTANTS June,20 2007 Southold Town Board of Trustees P. O. Box 1179 Southold,NY 11971 Subject: West Lake Associates SCTM#90-1-11&90-1-13 Permit#6053 Please be advised that work under subject permit was completed as of May,25 2007. Sincerely, Pe c c Associates, Inc. EC E Merlon E. Wiggin President ' JUN 2 1 2001 Cc: West Lake Associates Southold Town Board of Trustees PO BOX 672 GREENPORT, NY 11944 TEL: 631-477-0030 FAX: 631-477-0198 E-MAIL: peconica@optonline.net Cul ebn�lhis line x- x x x NOTICE OF COMPLETION OF CONSTRUCTION -- -_ _ COMPLIANCE_ RETURN THIS FORM TO: Marine Habitat Protection NYSDEC Nov Building 40—SUNY - • — J "J .Stony*Brook,NY 1.1790-2356 OR FAX T^O:(G31)444-0297 PERMITNUMBER:/+"�73U r`O Z ZJ /� ISSUED TO:/ �FS^ f /T 9 ff �� W PROJECT LOCATIONIA�DD/RESS�I,�'$TH/TKE /�/V�'R�l1L� CNe�UNELEDA�2 8 ¢GN CONTRACTOR NAME:�00,90fi�/) 4 o RUOIcW T4, ADDRESS:6I /LIL �TI ��E/UTE/p �OIl��GI ' N 1I�f 3� TELEPHONES/- 8 78 - 66 6 6 �•kT �� Dear Sir. Pursuant to Supplementary Special Condition D.of the referenced permit,you are hereby notified that the authorized ' activity was completed on e-Y We have fully complied with the term a conditions of the mit and approved plans. (Both signatures required) PERMITEE , DATE 6 CONTRACTOR :344 DATE •� • �/� THIS NOTICE,IMTH PHOTOGRAPHS OF THE COMPLETED WORK AND/OR A COMPLETED SURVEY,AS APPROPRIATE,MUST BE SENT TO T HEABOVE ADDRESS WITT IN 30,DAYS OF COMPLETION OF THE PROJECT. H.. James F. King,President so Town Hall Jill M.Doherty,Vice-President ,`0 l0 53095 Route 25 Peggy A.Dickerson P.O. Box 1179 Dave Bergen Southold,New York 11971-0959 N a,� Bob Ghosio, Jr. • �O� Telephone (631) 765-1892 Ulm Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Southold Town Board of Trustees Field Inspection/Worksession Report Date/Time: Name of Applicant: _ + �� rk 5 5-ac c Name of Agent: Property Location: SCTM# & Street Brief Description of pr posed action: (,rr e ( -� �G rev: A Type of area to be impacted: _Saltwater Wetland _Freshwater Wetland _Sound Front Bay Front Distance of proposed work to edge of above: Part of Town Code proposed work falls under: 4Chapt.97 _Chapt. 37_other Type of Application: el Wetland_Coastal Erosion_Amendment_Administrative _Emergency Info needed: Modifications: r Conditions: A ( O -� 5 m,. G Present Were: _J.King _ .Doherty_P.Dickerson_ne. Bergen Bb Ghosio, Jr. Other: Mailed/Faxed to: Date: Comments of Environmental Technician: PTECION111P MARITIME & ENVIRONMENTAL CONSULTANTS April 18, 2007 Southold Town Trustees PO Box 1 179 Southold NY 11971 Subject: West Lake, Permit # 6053 Enclosed for your information is a copy of the DEC Notice of Commencement of Construction. As this to my knowledge, will be the first hydraulic dredging project in the town to use GeoTubes to contain the spoil, you may wish to observe the process. Please contact me for dates and times. Sincerely, Peconic Associates Inc. Merlon E Wiggin, .,M.E. President LOT 0 Z udb PO BOX 672 GREENPORT, NY 11944 TEL: 631-477-0030 FAX: 631-477-0198 E-MAIL: peconica@optonline.net NmlCF or COMIYIEwEMF(m OK CONSTRUCTION RSTUPINMiN FORMIU' COMPLIANCE Marine li8brlat Proteciton NYSDEC Bukling A0-SU14Y OR FAX TO:(G3- i4/Q287 Stony Brook,NY 117M2356 PERMIT NUMBPER: �?r �f �QOO r ISSUED TO:"'-� / � •�7L PROJECT L0CA'r10WA0DREbU CONTRACTOR NAME A0ess:.�W i14 DR TELEPHONE••6 3�r—:8 L8 - 6 6 6 �[ �6 pear Slr. Purbuant to Suppafementary specfal C-QnJ7odi6On D of the refferrenced permit,you are heteby nofirtw vial the aulhottred actin-ty aM commertoe en 7- ^ 19 e( We oartify thatrre Irave remi'lhe referenced permit and eppmyed pian:.and krlly understwtd the auttt�xUW project and all permit� ns tia . we have Inspected the project sae and cart etmpiete the project as desoribed in the permit and m depicted on the approved plans. VVe can du to in full campliance vdth al►plan notes and permit coKfflons, The permit sign,permit sid epprnved plans well be avmriabie at the site for 6nspedlon in acom*ncA with general Condlllon No.1, (Bolh slgnabm requiredl C-���1t'l � a-�•� PERMITEE CONTRACTOR 7t'_--` / W$NOTICENUST BE SENT TO 7FlE W SATLEAST T�WP bA6 p O CONMENCUMI!NT OF THE PftomrANDA7RANYAssoWTED RBGULATEDACTMTIES- FAILURE TO RETURN VM14077CE,POST THE PERMfT SIGN,OR HAvE TKE pepmrAND APPROVED PUNS A VAIMBLEAT THE V#VRK.sfTEFOA THE DURATrO(v OF TmE PRO tZrMAY GUBJECrTHEPEWlTTrUANv)0R CONTRACTOR TD APPbrABLE SMG77ONS AND PEN 4LTIES FOR NON- COAMANtV W HPFRMfrCON01 avS. itch Gne x K- x NOTICE OF CQMPLETION OF CQNSTRUCTION COMPLIANCE RETURN THIS FOPAA TO; Marine Habitat Protection NYSDEC Btdk N 40 SUNY Stony firaok,NY I iT90-2W OR FAX TO:(63114444324T PEk T?niMBER: ISSUED TO: PROJECT LOMT)ONIADDRESS; ADDRESS: TELEPHONE - Doar Sir. Pursuant to Suppferrrentary Special CohdrGon D•of fie referenced petm'R,you are hereby not,Tled that the authorized aclin'ty was completed an We have fully wmphed;Ah the teems and cardih-ons of the permit and approved plans. o ' CV (Both signatures required) -. O PERMMF — DATE ' '.' N = , (, r= rL CONTRACTOR DATE- Q I, THIS NOTIGF MTH PHorOGRApHs OF THE CoMnE73M K ORKANDNR COMPLETED SURVEY AS APPROPRIATQ MUST eE SENT TO 7ffa ABOVE ADDR�Ss V4IM14 30 DAYS OF-COMPLETION OF THE PPO,ECT. . . is . r James F. King,President ��OF S yO Town Hall Jill M. Doherty,Vice-President 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen G • �� Telephone(631)765-1892 Bob Ghosio, Jr. 'O� Fax(631) 765-6641 Fax BOARD,OF TOWN TRUSTEES TOWN OF SOUTHOLD November 15, 2006 Mr. Merlon Wiggin Peconic Assoc., Inc. P.O. Box 672 Greenport, NY 11944 RE: WEST LAKE ASSOC. WEST LAKE DR., & LITTLE PECONIC BAY LANE, SOUTHOLD SCTM#90-1-11&13 Dear Mr. Wiggin: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, November 15, 2006: RESOLVED that the Southold Town Board of Trustees grants a One-Year Extension to Permit#6053, as approved on December 20, 2004. This is not an approval from any other agency. If you have any questions, please do not hesitate to contact this office. Sincerely, C Jam s F. King ----- ---President,- Board-of-T-rustees-- -- -- --- - -- ---------- --- JFK:Ims Vl / V 1/ � / / � �41111r•r►���`r�� y„ �,•�i'1r rll•�� �p�?r%•���,r'+� . • � !S i BOARD OF SOUTHOLD TOWN TRUSTEES 1'�III A r►►r,r SOUTHOLD,NEW YORK � PERMIT NO. 6053 DATE: December 20, 2004 „• A ISSUED TO: WEST LAKE ASSOCIATION ,o•„�� ( PROPERTY ADDRESS: WEST LAKE DR., & LITTLE PECONIC BAY LANE, } " SOUTHOLD v' SCTM#90-141&13 r•'�'11 r�y� F �1 AUTHORIZATION ,•�' ` ., x jd:a Via•,' V i <I. Pursuant to the provisions of Chapter 97 and/or Chapter 32 of the Town Code of the Town of /•'.� Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting.held on ;.1.1•, December 20,2004,and in consideration of application fee in the sum of$250.00 paid by West Lake Association ►•►q:;; and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees / t authorizes and permits the following: Wetland Permit to hydraulically maintenance dredge the entrance channel and u adjoining West Lake to—3.5 MLW and pump the resulting 775 cy. of material into t, zll geotubes situated against the existing bulkheading along Peconic Bay shoreline; east of t `,,►�� channel. After dewatering, open the geotubes in place to allow the sand filling to nourish the beach. After the initial dredging event, dredge up to three more times over the life of the permit. Remove existing bulkhead and replace with 90 linear ft. of low-profile,timber _= bulkhead, and as depicted on the plan prepared by Sea Level Mapping dated-October 20 2004 and last revised on March 14, 2006 and the partial plan and profile view prepared by DLM on February 4, 2006, and as per conditions described in Y the permit modification ,• : Mql issued b the Dept. of Environmental Conservation dated May 4 2006. ' t�- P Y IN WITNESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. oo. •����2 Ir1 i2�'� rr�i / �,•F• �r� IINi•�' •r! 1( �11 �i�D•• •3 1• V 111�• �� G� TERMS AND CONDITIONS The Permittee West Lake Assoc., c/o Peter Gunn,residing at 2145 Little Peconic Bay Lane, Southold,NY, as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto,to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved,but should circumstances warrant,request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved,to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. 5. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. 7. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized,or if,in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation,the said Permittee will be required,upon due notice,to remove or alter this work project herein stated without expenses to the Town of Southold. 8. The Permittee is required to provide evidence that a copy of this Trustee permit has been recorded with the Suffolk County Department of Real Properties Office as a notice covenant and deed restriction to the deed of the subject parcel. Such evidence shall be provided within ninety(90)calendar days of issuance of this permit. 9. That the.said Board will be notified by the Permittee of the completion of the work authorized. 10. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit,which may be subject to revoke upon failure to obtain same. James F. King, President ��0� SOUTO Town Hall Jill M. Doherty,Vice-President ,`O y01 0 53095 Route 25 P.O. Box 1179 Peggy A. Dickerson Southold,New York 11971-0959 Dave Bergen �� Telephone(631)765-1892 Bob Ghosio,Jr. O�yCOU Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD December 20, 2004 Mr. Merlon Wiggin Peconic Assoc., Inc P.O. Box 672 Greenport, NY 11944 RE: WEST LAKE ASSOC. WEST LAKE DR., & LITTLE PECONIC BAY LANE, SOUTHOLD SCTM#90-1-11&13 Dear Mr. Wiggin: The Board of Town Trustees took the following action during its regular meeting held on Wed., December 20, 2004 regarding the above matter: WHEREAS, Peconic Associates, Inc. on behalf of WEST LAKE ASSOC. applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated November 23, 2004, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on December 20, 2004, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of WEST LAKE ASSOC. to hydraulically maintenance dredge the entrance channel and adjoining West Lake to—3.5 MLW and pump the resulting 775 cy. of material into geotubes situated against the existing bulkheading along Peconic Bay shoreline, east of the channel. After dewatering, open the geotubes in place to allow the sand filling to nourish the beach. After the initial dredging event, dredge up to three more times over the life of the permit. Remove existing bulkhead and replace with 90 linear ft. of low-profile timber bulkhead, and as depicted on the plan prepared by Sea Level Mapping dated October 20, 2004 and last revised on March 14, 2006 and the partial plan and profile view prepared by DLM on February 4, 2006, and as per conditions described in the permit modification issued by the Dept. of Environmental Conservation dated May 4, 2006. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $7,750.00 Very truly yours, C; v Jam F. King President, Board of Trustees JFMms �Qg�FF01/( Albert J. Krupski,President QG Town Hall James King,Vice-President h�0 'l� 53095 Route 25 Artie Foster C - P.O.Box 1179 Ken Poliwoda Southold,New York 11971-0959 Peggy A.Dickerson y� Q Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD February 1, 2005 Mr. Merlon E. Wiggin Peconic Associates, Inc. P.O. Box 672 Greenport, NY 11944 RE: WEST LAKE ASSOC. SCTM#90-1-11 & 90-1-13 Dear Mr. Wiggin: At the Regular Meeting of the Southold Town Board of Trustees held on Mon., December 20, 2004 it was: RESOLVED, to Approve the Wetland Permit application of West Lake Assoc. to hydraulically dredge the silted entrance to West Lake and provide boat access. Spoil to be hydraulically pumped to adjacent empty lot on West Lake#131, and all as depicted on the survey prepared by Robert H. Fox last dated November 8, 2004. Please be advised that this is not a permit. Before the issuance of the Permit, a copy of the liability insurance policy of the contractor must be produced insuring against any liability, which may arise in the performance of the operations pursuant to the permit, and naming the Town as an additional insured, in the amount of$1,000,000.00. Please feel free to contact our office if you have any questions. Very truly yours, Albert J. Krupski, Jr., President Board of Trustees AJK:Ims 1 RESOLUTION RESOLVED that the Board of Trustees of the Town of Southold hereby finds that the application of WEST LAKE ASSOCIATION more fully described in the public hearing item #7 of the Trustee agenda dated Monday December 20, 2004, is classified as a Type II Action pursuant to.SEQRA Rules and Regulations, and is not subject to review under SEQRA. PROFESSIONAL ENGINEER 1725 HOBART ROAD I PO Box 616, SOUTHOLD, NEW YORK 11971 TEL 631,-765-2954 • FAX 6346%3516 • e-mail: joseph@fischetti.com Date: April 25, 2005 Reference: 550 Westlake Drive Marcelle Greenfield 306 West 38th Street New York,NY 10018 Dear Ms. Greenfield, As a result of my inspection on May 24, 2004 of your timber bulkhead for the above referenced home I found the bulkheading in need of some minor repairs but I found it to be in sound condition. If you have any questions regarding this matter,please do not hesitate to call. Ve truly yours, Jos Fischetti,P.E. J�L1L_�5526 Adr h o 0 f es Greadield hulkhwAdoc PECONIC ASSOCIATES, INC. ENVIRONMENTAL PLANNERS& CONSULTANTS P. O. Box 672 Greenport, New York 11944 Telephone (631)477-0030 Fax (631)477-0198 S-HAIL: peconicaeoptonline.net MEMORANDUM FOR THE RECORD MAY 23, 2005 SUBJECT: West Lake Dredging - Permit No. 2000-01226-1 Based on a telephone call received from the New York District Corps of Emgineers they advised that the requested changes to the subject permit were not of significance that would require a revision to the permit, but had been approved within the guidelines of the Department of the Army Nationwide General Permit and work may be performed without further authorization. Inftl MAY Southold Tuwn Cc: Southold Town Trustees Board of Trustees New York State DEC Peter Gunn PECONIC ASSOCIATES, INC. ENVIRONMENTAL PLANNERS & CONSULTANTS P. O. Box 672 Greenport, Bev rock 11944 1 Telephone (631)477-0030 Fax (631)477-0198 H-MMM: peconica@optonline.net December 20, 2.004 DESCRIPTION OF PROPOSED PROJECT: HYDRAULICALLY DREDGE SILTED IN ENTRANCE TO WEST LAKE AND PROVIDE BOAT ACCESS TO LITTLE PECONIC BAY FOR THE 21 RESIDENTS OF WEST LAKE IN ACCORDANCE WITH THE HYDROGRAPHIC MAP DATED 10-20-04. ESTIMATED AMOUNT OF SPOIL TO BE DREDGED 175 YARDS. SPOIL TO BE HYDRAULICALLY PUMPED TO. BAY FRONT PROPERTIES TO THE EAST (300 YARDS IF APPROVED BY D.E.C.) AND THE REMAINDER OR ALL OF IT TO BE PUMPED TO ADJACIENT LOT NUMBER 131 ON WEST LAKE. CHRONOLOGICAL ORDER OF EVENTS: SO AS TO HELP EVERYONE UNDERSTAND THE BACKGROUND OF THIS PROJECT, THE FOLLOWING CHRONOLOGICAL ORDER OF EVENTS WAS DEVELOPED AND IS AS NEAR ACCURATE AS POSSIBLE BASED ON RECORDS THAT COULD BE RESEARCHED. 1 r • 1926 - SUB-DIVISION MAP TITLED "CEDAR BEACH PARK" THAT INCLUDED LOTS AROUND WEST LAKE AND SHOWS A CHANNEL FROM WEST LAKE OUT TO LITTLE PECONIC BAY. • 1950'S - ENTRANCE TO WEST LAKE MAINTENANCE DREDGED. • FEBRUARY 23, 1965 - SURVEY OF LOT NUMBER 119 (MOY'S) SHOWING NEW BULKHEAD ON HIS PROPERTY AND AN UNBULKHEADED PROPERTY TO THE WEST (NOW GREENFIELD) ALONG THE INLET FROM WEST LAKE OUT TO LITTLE PECONIC BAY. • 1975 TO 1977: CONSIDERATION BY THE COUNTY OF SUFFOLOK DEPARTMENT OF PUBLIC WORKS BASED ON CORRESPONDANCE WITH THE TOWN OF SOUTHOLD TO PERFORM MAINTENANCE DREDGING OF SUBJECT INLET. • MARCH 27, 1986: PERMIT # 339 ISSUED BY TOWN TRUSTEES TO HERBERT GREENFIELD TO REPLACE AN "OVER 15 YEAR OLD BULKHEAD" WITH 208 FEET OF NEW BULKHEAD WITH 2-INCH THICK SINGLE SHEATHING TO A DEPTH OF 5 FEET BELOW M.L.W. AND PILINGS 12 FEET BELOW M.L.W. AND TO DREDGE THE FULL LENGTH OF THE PROPERTY TO A DEPTH OF 5.0 FEET. MATERIAL ESTIMATED AT 120 C.Y. AND TO BE PLACED BEHIND THE BULKHEAD. 2 NOTE: TO THE BEST OF OUR KNOWLEDGE THIS IS THE SAME BULKHEAD THAT EXISTS TODAY ALONG THE WEST SIDE OF THE CHANNEL AND WHOSE CONDITION IS OF CONCERN. (SEE PHOTOS.) ALSO, TO THE BEST OF OUR KNOWLEDGE THIS IS THE LAST TIME THAT THIS PORTION OF THE CHANNEL HAS BEEN DREDGED. • 1988: PERMIT WAS ISSUED TO DREDGE AN 85 x 60 FOOT AREA TO 4 FT. M.L.W. AT THE WEST LAKE ENTRANCE TO THE CHANNEL THE APPLICATION DRAWING AT THAT TIME SHOWED THE REST OF THE CHANNEL TO BE 4 FEET M.L.W. • MARCH 22, 2000: PUBLIC HEARING TO DREDGE WEST LAKE CHANNEL TO 3 FEET BELOW M.L.W. WITH MATERIAL ESTIMATED AT 600 C.Y. APPLICATION TABLED. • APRIL 19, 2000: APPLICATION MADE AND PERMIT ISSUED TO DREDGE THE ENTIRE LENGTH OF THE CHANNEL TO -3.0 M.L.W. ESTIMATED C. Y. 600. • APRIL 19, 2002 - PERMIT EXPIRED.. OTHER AGENCY PERMITS HAD NOT BEEN OBTAINED PRIOR TO THE EXPIRATION DATE. • LATE 2002 - BLOW OUT OCCURRED ON THE BAY SIDE OF THE BULKHEAD OF THE MOY PROPERTY RESULTING IN A CONSIDERABLE AMOUNT OF MATERIAL BEING DEPOSITED AT THE BAY SIDE ENTRANCE OF THE CHANNEL. 3 • 2002 AND 2003: PERMITS ISSUED BY TRUSTEES JANUARY 22, 2003 TO REPLACE THE PERMIT ISSUED IN 2000, D.E.C. # 1-4738- 02751, 9/11/02 AND THE CORPS OF ENGINEERS # 2000-01226-1 4- 8-03 TO DREDGE THE FULL LENGTH OF THE INLET CHANNEL INCLUDING THE ENTRANCE TO LITTLE PECONIC BAY AND A DELTA AT THE WEST LAKE END OF THE CHANNEL TO A DEPTH OF' 3.0 M.L.W. TOTAL ESTIMATED YARDAGE APPROXIMATELE 700. MATERIAL WAS TO BE PLACED IN GEO TUBES ALONG THE BAY BULKHEADS TO THE EAST. THESE PERMITS ARE STILL IN PLACE BUT WORK COULD NOT BE PERFORMED FOR SEVERAL REASONS. 1 . THERE WAS NO ACCESS TO PLACE THE GEO TUBES EXCEPT ACROSS PRIVATE PROPERTY. 2. THERE WAS NO UPLAND SITE THAT WOULD TAKE ALL OF THE PROJECTED SPOIL . 3. ALL WORK IN THE PERMIT COULD NOT BE DONE HYDRAULICALLY AS REQUIRED IN THE PERMITS. 4. SOME OF THE WORK IN THE PERMITS WAS DETERMINED TO BE ON PRIVATE PROPERTY. FEEL IT WILL,BE THE DECISION OF THE TRUSTEES WHETHER IT WILL DECIDE TO AMEND THE EXISTING PERMIT OR CONSIDER ISSUING A NEW PERMIT. THE REQUEST THAT IS NOW SUBMITTED DIFFERS FROM THE EXISTING IN THE FOLLOWING WAYS. 4 1 . AN UPLAND SITE HAS BEEN LOCATED AND OWNERS APPROVAL OBTAINED WHERE ALL OF THE MATERIAL CAN BE i PUMPED TO. 2. THE REQUIREMENT TO USE GEO TUBES HAS BEEN REMOVED. 3. THE WORK ON PRIVATE PROPERTY HAS BEEN OMITTED, THEREFORE ALL DREDGING CAN BE DONE HYDRAULICALLY. 4. THE LOW BULKHEAD ON THE WEST SIDE OF THE WEST LAKE ENTRANCE IS PROPOSED TO BE REPLACED SO AS TO BETTER MAINTAIN THE CHANNEL. SOME OTHER CONSIDERATIONS: 1 . THE CHANNEL IS TO HAVE 3 TO 1 SIDE SLOPES SO THAT THERE WILL BE NO DREDGING IMMEDIATELY ADJACENT TO THE BULKHEADS. THIS MEANS THAT THE BOTTOM OF THE CHANNEL AT THE 3.5 FT. DEPTH WILL ONLY BE APPROXIMATELY 10 FEET WIDE REQUIRING TRAFFIC BE LIMITED TO ONE BOAT AT A TIME DURING LOW TIDE. 2. TO REDUCE IMPACT FROM BOAT WAKE RECOMMENDED SPEED BE RESTRICTED TO 5 M.P.H, AND SIGNS POSTED FOR SAME. 3. AS THERE IS.APPROXIMATELY THE SAME VOLUME OF WATER IN WEST LAKE AS ALWAYS, THE VELOCITY OF THE TIDAL CHANGE CURRENTS WITH THE PRESENT LIMITED CROSS SECTION ARE 5 MUCH HIGHER THAN THEY WOULD BE WITH THE PREVIOUSLY EXISTING AND NOW PROPOSED CHANNEL DEPTHS. • DURING THE PREVIOUS HEARINGS THERE WAS CONSIDERABLE MENTION MADE AS TO THE FREQUENCY OF DREDGING. AS BEST WE CAN DETERMINE FROM THE FILES SINCE THE DELTA WAS REMOVED IN 1988, AND THE CHANNEL WAS DREDGED BY THE GREENFIELDS IN 1986, THERE HAS BEEN NO MAINTENANCE DREDGING ON THIS CHANNEL SINCE. 4. AS IT IS THE TRUSTEES POLICY NOT TO APPROVE WORK THAT WILL ADVERSELY EFFECT NEIGHBORING PROPERTY OWNERS, COULD IT BE REALISTICALLY EXPECTED THAT WHEN THE TRUSTEES APPROVED THE REPLACEMENT BULKHEAD ON THE GREENFIELD PROPERTY IN 1986 THERE WENT WITH IT THE RESPONSIBILITY TO MAINTAIN IT. THIS BULKHEAD IS NOW NEARLY 20 YEARS OLD AND YOU CAN SEE FROM THE PHOTOGRAPHS THAT IT IS NOT IN VERY GOOD CONDITION. IF THIS FAILS, AND THE CHANNEL IS BLOCKED, IT WILL HAVE AN ADVERSE IMPACT ON THE 21 PROPERTY OWNERS AROUMND THE LAKE. 5. DURING PREVIOUS HEARINGS, SEVERAL QUESTIONS AROSE REGARDING LIABILITY INSURANCE COVERAGE AND BOND THAT COULD BE EXPECTED TO BE HELD BY THE SUCCESSFUL 6 CONTRACTOR. BASED ON A PHONE CALL TO GIBSON & CUSHMAN DREDGING, A CONTRACTOR THAT PREVIOUSLY EXPRESSED AN INTEREST, THEY CARRY $5,000,000.00 LIABILITY INSURANCE AND COULD OBTAIN A PERFORMANCE BOND IF REQUIRED. 7 PECONIC ASSOCIATES, INC. ENVIRONMENTAL PLANNERS & CONSULTANTS P. O. Box 672 Greenport, Nev York 11944 Telephone (631)477-0030 Paz (631)477-0198 S--HAIL: peconica@optonline.net December 6, 2004 Southold Town Board of Trustees D P. 0. Box 1 179 Southold, NY 11971 DEC - 9 2004 Attention: Albert Krupski Southold Town SUBJECT: Maintenance Dredging and R Bo dot Trus s West Lake Dear Al: In preparation of the application documents for subject project the enclosed two letters from the County of Suffolk Department of Public Works came to my attention. It would appear from these letters that the Town was to request County dredging of the outer portion of the inlet to interface with the West Lake Association doing the inner portion of the inlet. Would you know what happened to this 1996 planned method of accomplishment? Thank you. Sincerely, PECONIC ASSOCIATES, INC. Merlon E. Wiggin, Ph.D.,M.E. President �.Jn :� ' COUNTY 'OF SUFFOLK �I SEP TOti'4 Pi Gr -JJLC ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT'OF PUBLIC WORKS STEPHEN G. HAYoUK,P.E. COMMISSIONER MEMORANDUM TO.' Richard J. LaValle, 'P.E. , Chief Engineer FROM: Thomas N. Rogers, P.E. , Associate Civil Engince DATE: August 25, 1995 RE: Dredging Projects in the Town of Southold . J'im Hunter and I met with trustees Albert Krupski and Peter Wenczel on August 21 195 to investigate possible dredging projects In the Town of Southold. The, results of our field investigation are as follows: 1. Cedar Beach Inlet - We have received several requests by' one local resident and by the Town Trustees to extend our dredging north of the authorized channel to remove a developing shoal, Our field investigation determined that this shoaling is very minor and is not hindering navigation. We agreed that no dredging is required outside of the authorized channel, 24 West Lake -. This location was approved on June 161 1987 by the Dredge Project Screening Committee for interface dredging. However, no dredging has progressed. There is a narrow bulkheaded opening that enters into a private lake. The opening and lake ate very shallow. It was agreed that the Town would request interface dredging only if the private homeowners association dredges their portion of the waterway to a minimum of 4' below mean low water. 3. Corey's Creek - The mouth of this creek was dredged by Gibson & Cushman earlier this year. Additional dredging is required on the outside sand bar and at the inside east spun channel. However; these areas are not critical at this time. We will continue to monitor this location and will schedule additional work as required. 4. Richmond Creek - The mouth of this creek was also dredged earlier this year by Gibson & Cushman. We investigated the outer channel and determined that additional work is not required. TNR/vf SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 333 YAPHANK AVENUE • YAPNANH. N.Y. I IOAn .... .... �..... COUNTY OF SUFFOLK ROBERT J:.GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PUBLIC WORKS. STEPHEN G. HAYDUK,P.E. COMMISSIONER April ll, 1996 James E. Fitzgerald Jr. P.O. Box 617 Cutchogue, NY 11935-0617 RE: West Lake Pond; Town' of Southold Dear Mr. Fitzgerald: In answer to your inquiry regarding the status of the above referenced project, please be aware that no request has been formally made by the Town of Southold f or, :the'dredging of' this waterway. : The: approval mentioned in' Hr. Rogers' memo- refers to the decision of the Dredge Project Screening Committee that this project' would be in the public interest if completed from the seaward side up to the entrance. All further dredging would be the responsibility of the property owners.' However, this approval does not initiate the dredging process. No further action can take place on this project until a request is received from the Town of Southold. Thank you for your attention to this matter; and if you have any further questions, please do not hesitate to contact this office. Very truly yours, ichard J. a ate P.E. Chief Engineer RJL/JEH/vf 3 A6- J.& F1T4e, rn. D SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 335 YAPHANK AVENUE ■ YAPHANK.N.Y. 11980 ■ (5161 852-4000 Telephone p Town Hall (631)765-1892 53095 Route 25 p P.O.Box 1179 Southold,New York 11971-0959 CONSERVATION ADVISORY COUNCIL TOWN OF SOUTHOLD At the meeting of the Southold Town Conservation Advisory Council held Tues., December 7, 2004, the following recommendation was.made: Moved by Don Wilder, seconded by Jack McGreevy, it was RESOLVED to recommend to the Southold Town Board of Trustees APPROVAL of the Wetland Permit application of WEST LAKE ASSOC. to hydraulically dredge silted in entrance to West Lake and provide boat access. Spoil to be hydraulically pumped to adjacent empty lot on West Lake #131. Located: West Lake Dr. & Little Peconic Bay Lane, Southold. SCTM#90-1-11&90-1-13 The CAC recommends Approval of the application, however the spoil disposal area.was unclear and the condition of the existing bulkheads on both sides of the entrance should be examined. Vote of Council: Ayes: All Motion Carried COUNTY OF StUFFOLK:' RoBERT'.J GAFFNEY_ "t SUFFOLK COUkf*' ECUTIVE' .DEPARTMENT 00 PUBLIC-WORKS -'STEPHEN G. HAYDUK.P.E. COMMISSIONER April 11,- 1996 James E. Fitzgerald Jr. EA P.O,. Box 617 Cutchogue, NY 11935-0617 NOV 2 3 2004 REi West Lake Pond; Town' of Southold Southold Town Board of Trustees Dear Mr. Fitzgerald: In' answer. to your inquiry regarding. the status of the above referenced project, .'please be .aware.-.that no request has been formally made by., the Town of Southold for,.the,dredging of :this waterway. The approval mentioned in Mr. Rogers' memo. refers :to the decision of the Dredge 'P�roj:ect "Screen-w. Committee that this. project would be in the public interest if completed from -the seaward side up to the entrance. All further dredging would be the responsibility of the property owners. However, this approval does not initiate the dredging process. No further action can take place. on this project until a request is received from the Town of Southold. Thank you for your attention to this matter; and if you have any further questions, please do not hesitate to contact this office: - Very truly yours, icha'rd J. a a e, P.E. Chief Engineer RJL/JEH/vf �/3/ 6 � J. F�TZ��RAC 0 SUFFOLK.COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 335 YAPHANK AVENUE ■ YAPHANK. N.Y. 1 1980 ■ (516) 852-4000 COUNTY OF SUFFOLK, :.. SE, 1995 L' T0 '4'I', fir= �dOLD ROBERT J. GAFFNEY SUFFOLK COUNMEXECUTIVE. QEPARTMENT OF PUSUC WORKS STEPHEN G. NAYOUK.P.E. COMMISSIONER MEMORANDUM T0: Richard J. LaValle, 'P.E. , Chief Engineer FROM: Thomas N. Rogers, P.E. , Associate Civil Enginee DA'TE: � August 25, 1995 RE: Dredging Projects in the Town of Southold Jim Hunter and. I met with trustees Albert krupski and Peter Wenczel on August 21 1995 to investigate possible dredging projects in the Town of Southold. The. results of our field investigation are as followst 1. Cedar Beach Inlet - We have received several requests by' one local resident and by the Town Trustees to extend our dredging north of the authorized channel to remove ' a developing shoal, Our field investigation determined that this shoaling is very minor and is not hindering navigation. We agreed that no dredging is required otitside of the authorized channel, West Lake -. This location was approved on June 161 1987 by the Dredge Project Screening Committee for interface dredging. However, no dredging has progressed. There is a narrow- bulkheaded opening that enters into a private lake. The opening and lake are very shallow. It was agreed that the Town would request interface dredging only if the private homeowners association dredges their portion of the waterway to a minimum of 4' below mean low water. 3. Corey's Creek - The mouth of this creek was dredged by Gibson & Cushman earlier this year. Additional dredging is required on the outside sand bar and at the inside east spur channel. However; these areas are not critical at this time. We will continue to monitor this location and will schedule additional work as required. 4. Richmond Creek - The mouth of this creek was also dredged earlier this year by Gibson & Cushman, We investigated the outer channel and determined that additional work is not required. THR/vf SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER 333 YAPHANK AVENUE • YAPNANK. N.Y. I loafs • ..... ..... ,...... PECOIVIC.ASSOCIATES, INC. ENVIRONMENTAL+ PLANNERS & CONSULTMTS P. O. Box 672 Gzvenport, Few Yom* 11944 Telephone (631)477-0030 Paz (631)477-0198 1 E RAIL: pecoaica[optonZine_net ATTENTION: Southold Town Trusteed FROM: M iggin DATE: August 18, 2004 SUBJECT: Dredging Inlet To West Lake There has been no contractor found who says that he can perform subject work as applied for to the Town and as approved by the D.E.C. and the Corps of Engineers. After review of the project the following potential problems exist: 1 . There is no access to place the Geo Tubes except across private property �f'"'1 2. The concrete ramp to be removed is on private proper 3. Failure of bulkheads on property to the west has resul a AUG 18 significant amount of material being washed into the c an el. Southold Town Request consideration to revise the permit application to: Board of Trustees 1 . Delete the requirement to remove the concrete ramp. 2. To pump the hydraulic dredged material to a pre-prepared site on Lot # 13 (see Tax Map). 3. Replace and raise the existing bulkhead on the west side of the channel to prevent washing of material into the channel. 4. Increase the quantity of material to be dredged to reflect the added deposited material in the channel. Attached photos depict what has happened to the channel since it was last reviewed. Eighteen (18) property owners on West Lake are presently denied access to the Bay (see attached list) because of the blocked channel. Sent. by9PROPER T SERVICES '-,y-14-03 04140PM from 63173474a3?5317344053 P&9e 1i 1 Alpert<7,Krapeki,President �" T13W1114911 James King,Vice-President 6.309a Main I3�x+ry Smith P.l?,looxx 1170 70 Artie Poutery Southold,New York 11971 Ken Poliwoda ro Telephone(516)7654892 Fax(616)766-1828 ffiOAk3,T14I+'TOWN TRUSTEES TOWN of SClMH[OL D TO: Wezt_L,a-ke Assocadon - c. Framer-T Slervi es,_ Please be advised that your application, dated �)eCO-Mber 30, 2002 has been reviewed by thi s. Board, at th'a requl,armeeting of Janaary 22 2003, and the following action was taken: (y..w. Application Approved see ( ) Application Denied (see below) ( ) Application Tabled (she bylaw) if your application is approved as noted above, a permit foe is now due,.. Make check or money. Qrdor pa rable to the Southold, Town Trustees. The fee is 'oomp'uted below' according to the schedule of rates as set forth An the instruction' sheet. The following fee must: be paid withir. 90 diys ox ro-application fees will be necessary, COMPUTATION OF OF PERMIT FEES: 600 c.y. @ $10/00 = $6,000.00 TOTAL FEES DUE: $� E,,000.00 — SIGNED: PRESIDENT, BOARD OF TRUSTEES BY- A40�144L �. cz AK, BOAS O t* 4198 HYDgOORAPHIG Entrance_ to Nest Lake °__�`"°" Situate: Gedar Beach .;.: . Town of Southold W . Suffolk Gounty, NY Proposed: Molntoingnce Dredging wA -� •b y Hog steNeGk� Purrpose: 5oFe Novigotlon Boy DQEum: ALyy e(J': Gross Section'B' Tide Range: 25'+/- sa•, ----- aw Proposed grades -3.0P�•� °�` +�" cross section e Existing grades (-1.8) Extent of Aga Hydf0u11G , predgIng �.a v,>.„•,. 00. Gross section n.aw ` ———— Cross Section F =_15-------_----_--%- A — K -3A (_O 8) `�1 3 _ ssaon ro is�.�ee t,tn seam.ee� "••y to m..oterwq moe.rbi a` o 'l•" to de wea ete rompo ' -IS -3D -IS a u:_ [opproc T°o ym bFa�6e Ge 1.� '•. oiwm t. Gross Section'D' O1J w.-b.r�uctaa10 dr R pe TTo—Trustees r♦ `9+��' O Amva.,rsj^•wa.., 3A F i -----_ ----_— A A A(0.5) A A (5. lY. '- •bA Ohw A R A R r i (5.4) be -room�+a _•_---'Limo �-3A = u2 T ti t.o.,e ¢es E "•,iF(9:A ' (5.0) 1 1 TO.a 1 po'Ae , Rod west b"p.NY Rr 4 A J____ __-__ eocclwrn rea•.1'�•A,,A�' `i_3D 8 a.e•5 (4.4) ptty,e •�10 1 a r�"FOOO.4 Y 1 -Co. I W+ Ro 5tl 1 1 btP� T� WBst Loke -Drove___Chace 0nn,,U;_Q (5.4) 11't t 1 IAO'� bBe116r 1 p0 � m m (s.1J Il 3r1° t°`wed Into Geoff used 1 SuFr•ao 3a,m Anreeao� 1 100, 1 to 10�r,�rnq 1 n��"cos °t.+m oo$ ° 1 e c�terol1 to dryly mote p0 cu s) 1 Pre S vN1 �Pr+r 1 loq' ------------- (,.41 moo y It.Ao 1 1 Fo[d toofOPte Ish> p6Pe Front Je HI 1 1 , 1 m o0o raf ox. y�oced�° me i m .$ (5.9) tt SVe° tt 5 O - ---- ` t6 x 10')® 9,1'o.fork. 1 (6.4) 011 F IIGBP�iaNnd sae bey°nd r 1 11•heod 10 __ - - ___- TOX a (T.4), ' u a we.+ 1 afy ex prowed'v icdt tine a' ohwm ``--------alwm . lo� kl�ee 4, --- -- Amended E....... ----- C 1 to �jyYSDEG J�1 [ (6 4) ohtan --- - 41j H York.HY g '3A 200' __` °Iwm _ _ I 02 5 00 b IQ 00 § 4 "1-28-00 too' 6-21 0A) gi-3.0 (b.0 , 125 ._-....._.•• ____oiwm-�'-_ �, j 6-28 �, "- _--_"oiwm'- _ , 11-14 _ Ob-21-02 ____ -oiwm ----- `, J� This pion was developed from octvol -3.0 ---oiwm d t (,5) ,` AV ���F1T H• L` fiel slmveys cod ed ime 6,IQ98 1 D ,�O 0 and ogoin on July I,2001. _3A y t9 -- ------ ---- p �EG�NIG _ 3,0 / C °Wm ,�ee"a1. o r{o Robert H. Fox,NYS Lic. rr 501q'i No.E0197 silee�e�.rea SEA LEVEL MAPPING Littoro� PLAN SCALE: I" 50' 6 EAST MAIN STREET Sheet I Of I RIVERHEAD, NY 11901 Ph. 516--72-7-3-15-7 t i BV 6 OtlS 9- 01- 8 0.-12- l-21-0 3 y AF L9Afcl \ 16 i Qs ,s TOM OT � somxno ° g � A • e o4k a! a c ,. \\ • ® O4 \ E 17 wo \'0.] w w MAW Is 2 OQ y� rtyoi \ ' g sA6P"m e J CfpAR o d � 3 °.J w qj0 4 O_ l m 2 Z w Q m UAIU 4 E •12 6 g ® s w `�3— 6 0 ® an a g 13 O TOM Oi CEDARC SOUT In �� w s POIN 1. TOM s0UT1®Lfl ad ] e T 10A(l it � / Is JAC. g m 21 26 LSO] 6 ® I faet °m WEST LAKE °. 21 a zt m CFp s e pR• \\\ p \\ ® \\ 0 \ A \ \ d" am ) — g 4 e ns am AD/ 04• 15 ,6 m..Ov+rcM uvw °m---L7�eJ' 2e °� ,�/ T° : I Nl w �P•F�"O\ M - .,. \ c� !u a 9- 0 tsn �« a /oi� L1Am O2 I DR E. .. F _ ww,A,M L!m I I w g w ` I .. zs r �'. 2G1 s 19 20 21 m DA, ` --',.. , !i s I I JLIAIo 16 1T 1e i 19 20 21 22 a °"° 2] N ` ®'• ! 6 9 I Y j I I IL2AIc1 A oa g g l 12 Llatol I I I I • ��,• wrx` l r I I NEC/f BAY L I. u. v1 _ ^^� �'— mmn, (zv O . — rr min. NOTICE COUNTY OF SUFFOLK © E TOM of SOUTHOLD SECTION NO -;=•.. -.'::.n :.., .y-•" "raae��.h3 T��;, y..�...-u,t-3iy.. v,m.xr ��""."-"s1Arw"L ui'rrox : Rey T ice Agency Y m° nlrE ai w ry 8 • \ \ ILI IS .. ¢ TOWN OF w -s SOUTHOLD *4 00 e_I 4 J4 4 .0 LSA(cl • � OOO Y 4 :wOENrKF/: \ 2 ` 2-JA(cl SANP+JPER a �` ne + ,4 CEDAR LA)Es e w • 4 h pD�NT , .. u a a J 1/nm ,uv 4 1.2A(C) y 5 " --IiTA(c) I 5 � .w ' TOWNCEDAR OF lNmDEAVAffa LAN& 13 \ S 4'• n POINT zOA(d m �3 a TOWN OF SOUTHOLD g ^� 7 ` Us- 21 73 Vo \ c \ \ CFI ♦ 6 ^`+ �� \ 18.1 \ . WEST - ;' ea E nn n• - 4R- 1v ♦ Q\ 1 1.9A1d \ rt m LAKE N E f pO� ��4 �5 �\ � 9 tab . nav ( HT Vp��S• S4'_ uw av 1 Jr 2 16 9 - \ n.e TOWN OF �A ; m, t+ '0 - o.. MOEB✓AEe u a L1A(U-- tSO'1 't1ldW SOUTHOLD 13.1 14.1 ' na 2 1.3A1d 2 I DR. E-W ITT ! I n,. :a�• .m. .w. ` 29 Na'LclrATE3 L-01 - I I �00• .w. I . 17 Y' �" + s'o. -i�l 1 I i 21 �a I is 1 19 20 11.7A(Cl J6 17 18 11 2e(c) -- a 1 W_flA,11 s wI 25 19 :)n i< S - - - 21 22 m 3.IA(dI 2J 24� JJ I t �2 1 HOG '( fie NEC BAY I K TOWN OF SOUTHOLD © COUNTY OF SUFFOLK Ki ' lnncss OR••aa °`K"•' 't` eas_amcTS- NOTICE - POLLJtrvO _ Real Property Tax Service Agency Y y) ,�, -SCk— wqd.ffa«<•lA� _«—- NE +,Tto. T-E d)O YAFIEYL a.ALTERATIOK SALE OR - �' m .od.r.n bed 0.nk•tw =-`—_ n _ s SEeER ANT PORTLN LW THE o!o L. F )r r to _ waa ) _ DSTRFUTgN t>< County Center Riverheod,N Y 119 1 ft.W«k.tN )R � y+a++n bv�aca (21l tra r. O _.--_ w.rkd0.«t.u. --'6a .TER_� StF.Q_c('LSf(fY falf uAR 6 PRuleliEO r NO A I O61RCT NO 1�0� _ Ion BF TIE scat[N Prct: a ID _rtTY MAP E o-wrTd.+s.r —z— ., uark.Iw — tAs _, as„sE INTHM YIETTEN PEWRSS107 P I f1kMR5m1(OAtE: C) Idn ts.Iw ----- 0aA O+de. " _—_,—- Ayrc�0.rt. —- oAtR auT[IIARR. pRWMTY TAX SERVE ALENCr- E sw.e A ndn m c«n.r tt. lad 0. t.t.. rb.rr seee.L•e—.. ueu..aAx REAL Nsvo. —-V—- D �` 27 �^ o-aA rr 12.1 AWI a 12.1A `•"`t:• _---- —-s . Teorar rr 12_l A(d lR s..r WMk.1ti : - an: 2 t .lam.. Y•:. ,:� V.' .... J A f New York:=State. Department of Environmenta l Conservation Division of:EnVir-on,mental PPermits, Re ion.Onet Building 40 .SUNY,Stony Brook, New York 1179-2356 Phone: (631)444 0365 FAX: (631)444 0360;:, Website www dec state.ny:us Denise:M:Sheehan Y Commissioner f f'' PERMIT'MOD -CATAON May 4, 2006 7 . West Lake;Association c/o Gerard ,Case 505 Cedar.Point Drive West t i.� �;.= MAY 2 4 2006 Southold,New York 11971 [..�.,.*.,.,Writ,Cd-?u•,,,_..._.�—...y u Re: Permit# 1-4738-02751/00001 L West Lake Association Property-West Lake Entrance Channel, West Lake Drive, Cedar Beach Dear Mr. Case: Your recent request to modify the above permit has been reviewed pursuant.to 6NYCRR Part 621 (Uniform Procedures Regulations). It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is modified to authorize the following: Hydraulically maintenance dredge the entrance channel-'and adjoining West Lake to -3.5 mean low water and pump the resulting 775 cubic yards of material into geotubes situated against the existing bulkheading along the Peconic Bay shoreline, east of.the channel. After dewatering, open the geotubes in place to allow the sand filling to nourish the beach. After the initial dredging event, dredge up to three more times over the life of the permit. Remove existing bulkhead and replace with 90 linear feet of low profile timber bulkhead. All work shall be done in accordance with the plan prepared by Sea Level Mapping dated 10/20/04 and last revised on 3/14/06 and the Partial Plan and Profile View drawn by DLM on 2/4/06, and stamped NYSDEC approved on 5/4/06. Special Condition No 2 is modified to read as follows: 2. Dredged materialzhall be placed hydraulically into geotubes placed directly adjacent to the bulkhead. When material is completely dewatered;the geotube must be cut open and removed in it's entirety to an approved upland site. Special Condition No. 8 is modified to read as folio ROVE D, ` 8. The removal of the bulkheadin debris must be!c nduct T g �rr�v�cl�'mtimizes disturbance to the vegetated wetland and shorel' area. Where rac is ust be removed by hand. i TO, -OF SQ &D Special Condition No 9 is deleted. �iyawby� I+ DATE .Y.. N/s/b �. New York State, Department of Environmental Conservation- Division bf.Environmental Permits, Re ion�One Building 40 SUNY, Stony Brook, New York 1179�-2356 Phone: (631)'4-44-0365: FAX: (631)444-'0360, . . w6liiitd:=wwW.decst6te'ny.us: . . Denise M.Sheehan - Commissioner :PE :. � RMIT MODIFICATION-- May 4,2006 West Lake.Association C/O GerardCase MAY 24 2006 505 Cedar Point Drive West --r Southold,:New York 11971 Re: Permit# 1-4738-02751/00001 hoard a Trustees West Lake Association Property-West Lake Entrance Channel,West Lake Drive, Cedar Beach Dear Mr. Case: Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR Part 621 (Uniform Procedures Regulations). :It has been determined that the proposed modifications will not substantially change the scope of the permitted,actions or the existing permit conditions. Therefore, the permit is modified to authorize the following: Hydraulically maintenance dredge the entrance channel.and adjoining West Lake to -3.5 mean low water and pump the resulting 775 cubic yards of material into geotubes situated against the existing bulkheading along the Peconic Bay shoreline, east of.the channel. After dewatering, open the geotubes in place to allow the sand filling to nourish the beach. After the initial dredging event, dredge up to three more times over the life of the permit. Remove existing bulkhead and replace with 90 linear feet of low profile timber bulkhead. All work shall be done in accordance with the plan prepared by Sea Level Mapping dated 10/20/04 and last revised on 3/14/06 and the Partial Plan and Profile View drawn by DLM on 2/4/06, and stamped NYSDEC approved on 5/4/06. Special Condition No 2 is modified to read as follows: 2. Dredged material shall be placed hydraulically into geotubes placed directly adjacent to the bulkhead. When material is completely dewatered;the geotube must be cut open and removed in it's entirety to an approved upland site. Special Condition No. 8 is modified to read as follows: 8. The removal of the bulkheading debris must be conducted in a manner which minimizes disturbance to the vegetated wetland and shoreline area. Where practicable, debris must be removed by hand. Special Condition No 9 is deleted. 4I+ F f 5 West Lake Association 2_ MAY 2 4 2006 ' Special Condition No. 11 is modified to read as follows: i Jn IO',rli 11. The storage of construction equipment and materials shall be confined wiU,ithky h-o project__. work area and/or upland areas greater than 75 linear feet from the tidal wetland boundary. The following Special Conditions shall apply: 12. There shall be no disturbance to vegetated tidal wetlands, including the intertidal marsh adjacent to the proposed low sill bulkhead, or protected buffer areas as a result of the permitted activities. 13. All areas of soil disturbance resulting from the approved project shall be stabilized as per the specifications of the approved plans immediately following project completion or permit expiration,whichever comes first. If the project site remains inactive for more than 48 hours or planting is impractical due to the season, then the area shall be stabilized with straw or hay mulch or jute matting until weather conditions favor germination. 14. All disturbed areas where soil will be temporarily exposed or stockpiled for longer than 48 hours shall be contained by a continuous line of staked haybales/silt curtains (or other NYSDEC approved devices)placed on the seaward side between the fill and the wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 15. Excavated sediment shall be placed directly into the approved disposal/dewatering site or conveyance vehicle. No side-casting(double dipping) or temporary storage of dredged material is authorized. 16. All dredging shall be conducted so as to leave a uniform bottom elevation free from mounds or holes. 17. All material deposited on the beach shall be of compatible(equal or larger) grain size to the naturally occurring beach. If at any time during the dredging operation the composition of the dredged material changes and becomes unsuitable for beach placement, dredging operations shall cease immediately and the office of Marine Habitat Protection shall be contacted at (631) 444-0295 with a proposed plan to correct the problem and/or for alternative placement. No further activity will commence without the Department's approval. 18. All material shall be placed landward of apparent high water. This letter is a modification to the original permit and, as such, shall be available at the job site whenever authorized work is in progress. All other terms and conditions remain as written in the original permit. Sincerely, 011 George W. Hammarth Permit Administrator cc: Peconic Associates Inc., PO Box 672, Greenport,NY 11944 Marine Habitat Protection,NYSDEC File DMG I - 1 MAY 2 4 2006 'f t So:itho i Tovan .._, Eu;uu o°`Trus ee.s TIE INTO ExISTM BU"-AD 1s ———————— —I BO.0 14'VINYL TYPE 9000C SHEATHING 8'mE WALES 60' PARTIAL PLAN VIEW NOT TO SCALE EL+4.V 2.0 AMHW +1.0' — BOLT 3"x 6" WALES BOLT fx6' 0.0 AMLW NYSDEC APPROVED AS PER TERMS 6" AND CONDITIONS OF STRINGERS PERMIT NO.I - p� o " Ol1? _I/ DDO `E /))Q� DATE 5 D l 8'9000C VINYL SHEATHING -12.0' 8"CCA O PILE PROFILE VIEW NOT TO SCALE Sheet 2 of 2 PREPARED FOR: JOB/SITE ADDRESS APPLICANT: WEST LAKE ASSOCIATES WEST LAKE SOUTHOLD TOWN PECONIC SUFFOLK COUNTY,NY ASSOCIATES DRAWN BY:DLM DATE:214/06 N,ov.. 16. 2006 3;50PM — No. 6778 P. 1 CITY UNDERWRITING AGENCY, INC. 2001 Marcus Avenue, Suite W180, Lake Success, NY 11042 Phone: (516)358-3567 — Fax (516)358-3540 kcruzfdlcuasaency.co m ` + L � To: Town of Southold,Board of Trustees From: Kristen Cruz Fax: 631-765-6641 Pages: 3 Phone: Date: Thursday,November 16,2006 Re: Proof of Insurance for CC: Newborn Construction 0 Urgent ❑ For Review O Please Comment [3 Please Reply ❑Please Reeyele 0 Comments: Nov. 16. 2006 3:51PM - No. 6778 P. 3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the Certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/06) Gross Section "A" umber R vow° existing o� HYDR•OGRAPHIC iIPIAP J\Ew __ ALw — 9r ------------------- ----------- exist.--- Entrance We$ Lake -------- ------------- elev's exist. �, Gross Section D" - ance O $ ` — — — — — —. onC prise elev's — — — — — -_ ALw — Cedar Beacht ,3 Ged°r F' _ - ex-ti--- Southold Town m -55' - _--_- slays '� ;- -;_ Suffolk County, N replace 90 Lf. - --- - \ ist exisE. (G of existing 'ng Proposed: Drodgin ----------- --- Cl P dlead elev'sL "lowpr oflle' Gross 5ectlOrl5 bvikhead Purpose: Safe Naviga Ion g\te Scales: exist.------ Gross Section "B" H: 1" = 20' Datum: P,.25' 1" = 10' Tide Range: 2 5 +/- - ev max I : 3 —--- r" near mooappxaa1 : 3 existtlg Gf055 Section "E" bulkheads sbvlkheads bulkhead -20 groin APPROVED I'\ ( � timer, . F A oin, r _ Hw MARD OF T o ��� ',:exlsti bulkhead " Dredged material pvm ed into — — _ ALw bottom of bvikhead existing eoEextile tubes (15' ,Ircvm) Is In poor condition bulkhead _ exist. Gross Section "G" abric- to be cvt away after tp-o4 5 TOWN OF S O U�C H O L D dredge.materlal:is dried nLw r � 09 ff max I sloppe near bulkheads -35' f Elevations Sur Te�ed 10120704 q '-- I-----i�l----Mary----- , v olwm ; o p L \ . Extent Of a\ to Qpv-m0 o f ep toe) \ Fo�Ao, y o� LW1 ea n`°tee bey ea Fo°t of \ to jtof - (- of ede tort\\a o f \ vt\ G 5, ey a \ � 5 \ \d o, i i5 c.ydsJ f p d 00- 2 Sou \o L \nto 9vb\G yQo-4\ e top on \ SveF o_aow� \ vJ'\ 'alwm OX-1/Lho�1d pA \ t\n?� ----- (Ap f be Gut aW y \ T� \ h� \NerO'0i - \G t ��� eye d 8e oo - ''replace approx. (SQ) �• ._- �Q O' - ------ A 90mberlowpprroFile \1 \Ffedoy> '0\ �• bulkhead .,- ss P 0 G r.5 - ?1 �- (5.0) ax 3 \U d \00 v:.• ---------------gym - ---- \ Io00s10�-n--, � - 1F°O°a :.y Rat H01116one(4.4) - y -- 142 Tctilulah (5.4) \ \WeS p\�pGkA \ 5t 151, n \ \ tyy NkSDEC ----- p"`o •�5 �� 4�� 3 Go c 2 2 \oo APPROVED AS PER 'TERMS 6,,,cchx1 � . ygESt ------ 1��03 g�- -� $x (6J) \\ FCI6'�\y1Oet \ o�IW'eod --.- '� AND CONDITN IONS OF �.7 iott w tlm -o�w'� A' I_T 3b-oa/ J(/0000/ M o. prive n_ T \ 3 w (oc ' o iiw YbOA PERMIT O.f O� N /� / Gogo,2'\ / ' y�FF• o'\�2�. 3_ (s.a) C 3� °�{�or14 \ �o New Y;xs o oa ��. PREPAREL)1 -LEVI � . f MAPi?IN kheod P O.130X tt-' ,NY III — 22—- 5URVEYEDi 10 alwm R y :. ROBERT H FOX,. . . : --2•. _ - - - 3,'14!2oo6- i-GrU`LMr+lok0314C SG,..LE I Gross Section A �` HYDR•OGRAPHIC MAP �\�,� ,�� — — — �p( cam` exist. - ----------- exist. Entrance a ______ _,, elev's ante to V6/eat Lake �D. a elev's exist. Gross 5ectlor ��°`'" ex - - - - - - - - ���( - - - - - Cedar Beach- GePo -3.5'---- •�-=_ Southold Town — el - -35' Suffolk County, NY replace 90 I.F. existt exist. of existing bulgy exist. Proposed: Dredging `---------------- PQ�C• "�Waco " Gro55 Sectlon5 PU o9e: Safe Navigation 5�te Scales: exist,--- Gross Section "B" H- I" = 20' Datum: A.L.H. elev's TL V: 1" = 10' Tide Range: 2.5' +/- =c— — — — — .4t-W max I : 3 -- —_ 5110 max I : 3 existing Gross St ction "E" I slppe near timber bulkheads bulkhead exist n i timber groin HN existing bulkhead Dred ed material umped into bottom of bulkhead existing cc�� p groin Is in poor condition bulkhead eofoxtile tubes (15' circum) -'exist. Gross Section "G" Tabric to be out away after rp_o4`�'s dredge material is dried maxl : 3 _- slope near ' bulkheads -35' Elevations Surveeyyeed ' 10/20704 4 ` --------nicer_---na--- Extent Of ° G°A0,2��,yt ---=A din rta� t _06'c t of tom to \o°P-W oa NOV 06 vre � pie 5 F°°. c \, - dry 9 a w� �L sJ edged �e tul"f' one°� Gy'�e5 AFter \ �p,�.n Polo M\\a° (\\ 1 --- ----- - .. — (est.-i i5 �•yd �o geote Qrd Pe about°rd 51 \ S;,FF �A°`�;r , yw `O \o°' =- m ,- \fit ub1G\ °.11d top 1°°°- ov'ei'' 6 i m �ro(t1 � t1 P Roo _ w d n -d u o� I r°bey Shout °p 'C�k � 6� \t erne I t be FF C'°qO-2" end \o° _ "replace approx. o "" - °bt 1G t° 1 o0°\Aory 90I.F.low (59) y•-- proFile (5• \ p.\Fre1� .A umber bulkhead -� \ y dew dwm 2 3 \\1 \O°' (5.0) != xT�l000-g015_n -', • ---8 \O Ch.\A p.,?n Riulah t-°^e(4.4) --- 4) c� \pt� a Go•I° 2 APPROVED A5 YFIt TERMS y4e5t ---—-- (6.1) FF' aO wl ___ AND COND X c\0 X y\,tSoo" �1d ePd iv eoa $� 4� a_ � \ 5 r `��.'� A ITIONS OF pri e ploy o x 6 °• 3 M140 k, tl -a�wm .�` j 3�DoZ7S�00oo/ lA�o b o.w \ Ner+ l6 A) % 1 PERI`tIT NO.(- 4 SvFF �q0JOY '2\ , 2p0 elr\"CE m � - y�FF- 1A0-16 -3- � "�- (5A) G 31�°-�orK•� \ � ,, �o. � ' SAM - y�e0enFlgt. ('14) ( (y a) 4prk .,Ath 1 n ° --� 25 E�orK g ( \O _OI 04 10! F'f2EPARED BY " a _- SEA E'EVEE tj"ber ) - - - - MAPPING �Ixrie°d =1• RIVERWAD.W IMO' --- D PH 651-122 339C AMENDED:11-05-04 — a �eP q. 05-61 -0503-140E o SURVEYED% 10-20-01 "alwm - -' R y�`P ROBERT H.FOX,_NYS L1r,11 501el' 3A4.0006 0,32,32PH' CA51-K,41okO31406P' SCALE I 60' Ilk A:1,aim i(; Asso 3AIRES, INCIM MARITIME & ENVIRONMENTAL CONSULTANTS November 10, 2006 NOV 1 3 2006 Southold Town Board of Trustees P. O. Box 1 179 Southold, NY 11971 SUBJECT: West Lake Associates-Dredging Entrance to West Lake SCTM # 90-1-1 1 & 90-1-13 In preparation of starting subject work there are several items that need your review and appropriate action. These include: 1 . Request for extension. $50 fee enclosed. 2. The work will be in two parts, the low profile bulkhead by Ian Crowley and the hydraulic dredging by Village Dock Inc. Please note the DEC permit and revised drawings previously forwarded to you. Crowley wants to start work on or about November 20, 2006 and Village Dock in January,2007. 3. Insurance. The $1 ,000,000 insurance certificate from Village Dock is being forwarded to you. -Crowley is of the opinion, based on former work with the Town that he does not need to provide a certificate of insurance. Would you please clarify. 4. Dredging fee. It is our understanding that where as the material to be dredged will be used for public benefit, in this case beach nourishment, then the dredging fee can be waived. Please consider this a request for a waiver. f Sincerely, PECONIC ASSOCIATES, INC. erlon E. Wiggin,�,P��. ,M.E. President PO BOX 672 • GREENPORT, NY 11944 TEL: 631-477-0030 FAX: 631-477-0198 E-MAIL: peconica@optonline.net 05/24/2006 15:28 4770198 PAGE 01 67 wrt'r NOW. pdL1"'aet i . May 24, 2006 1, � r T.`I ,�J LL' Pi Southold Town Board of Trustees +' MAY 2 5 2006 P. O. Box 1179 Southold, NY 11971 Southold Tovji— B"GrG 0`'Tru Lees SUBJECT: West Lake Associates SCTM #.90-1-11&, 90-1-13 Attached is the revised DEC Permit for subject work. Please note-that the revised DEC Permit requires all of the hydraulically dredged material be placed along the bulkhead and shoreline east of the channel. Please amend Trustees permit accordingly. As soon as West Lake Association selects a contractor we will obtain the required insurance coverage. Sincerely, PECONIC ASSOCIATES, INC. Merlon E. Wiggin, Ph.D.,M.E. President Cc: West Lake Associates Albert J.Krupski,President O�QSVFFO(�C OG Town Hall 'James King,ViceTresident 53095 Route 25 P.O.Box 1179 Artie Foster y Ken Poliwoda Southold,New York 11971-0959 Peggy A.Dickerson Telephone(631) 765-1892 Fax(631)765-+96 (ab BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only _Coastal Erosion Permit Application Zwetland Permit Application Administrative Permit _Amendment/Transfer/Ex nsion Received Application: /P3 Received Fee:$ completed Application E C E _Incomplete D_SEQRA Classification: Type I Type II Unlisted _Coordination:(date sent) NOV 2 3 2004 SAC Referral Sent: Date of Inspection: / _Receipt of CAC Report: Southold Town _Lead Agency Determination: L Board of Trustees Technical Review: public Hearing Held: Resolution- Name of Applicant WEST LAKE ASSOCIATION ATTN. PETER GUNN Address 2.145 LITTLE PECONIC BAY;1ANE SOUTHOLD NY 11971 Phone Number:(. ) 631 734-4053 Suffolk County Tax Map Number: 1000 -090 1 11 & 090 1 13 Property Location: WEST LAKE DRIVE 'AND LITTLE PECONIC BAY LANE (provide LILCO Pole#, distance to cross streets, and location) AGENT: PECONIC ASSOCIATES> INC. (If applicable) 1q Address: P 0 BOX 672 GREENPORT NY 11944 Phone: 631 477-0030 �Board .of Trustees Application GENERAL DATA Land Area(in square feet): SEE PLAN Area Zoning: Previous use of property: ENTRANCE TO WEST LAKE FROM PECONIC BAY. Intended use of property: SAME' _ Prior permits/approvals for site improvements: SEE COPIES ATTACHED Agency Date SOUTHOLD TOWN TRUSTEES JAN 22, 2002 NYS DEC SEPT 11 , 2002 US ARMY C OF ENG MAY 8, 2003 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: NOTE REGARDING PRESENT PERMITS ABOVE: THE PARAMETERS OF THE EXISTING PERMITS ARE SUCH THAT WORK DESCRIBED IS CONSIDERED NOT PRACTICAL OR DOABLE. SEE LETTER OF AUGUST 24, 2004 from PECONIC ASSOCIATES (ATTACHED) Project Description(use attachments if necessary): HYDRAULICALLY -DREDGE SILTED IN ENTRANCE TO.!'WEST LAKE AND PROVIDE BOAT ACCESS FOR 21 RESIDENTS (SEE ATTACHED LIST) IN ACCORDANCE WITH THE ATTACHED HYDROGRAPHIC MAP DATED ' 10-20-2004 SPOIL TO -BE HYDRAULICALLY PUMPED TO' AJACENT EMPTY LOT ON WEST LAKE #131 SEE HYDROGRAPHIC MAP AND SURVEY • Board of Trustees ,Application 'WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations MAINTENANCE DREDGING AND REOPENING OF INLET' CHANNEL TO WEST LAKE INFORMATION BELOW APPLIES TO SPOIL AREA LOT #131 see survey Area of wetlands on lot: 80O square feet Percent coverage of lot: 7 % Closest distance between nearest existing structure and upland edge of wetlands:± 50 & 80 feet Closest distance between nearest proposed structure and upland edge of wetlands:- NIA feet Does the project involve excavation or filling? No. X Yes-. If yes, how much material will be excavated?±775 cubic yards How much material will be filled? ±775 cubic yards IN SPOIL AREA Depth of which material will be removed or deposited: 3.5 feet Proposed slope throughout the area of operations: 1 to 3 Manner in which material will be removed or deposited: HYDROLICALLY DREDGED AND PUMPED TO SPOIL AREA LOT #131 SEEATTACHED HYDROGRAPHIC MAP AND SURVEY Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations(use attachments if appropriate): SOME TEMORARY CLOUDING OF THE INLET AND ADJACENT WATERS DURING THE HYDRAULIC DREDGING OPERATION Board of Trustees Application COASTAL EROSION APPLICATION DATA Purposes of proposed activity: MAINTENANCE DREDGING AND REOPENING OF INLET CHANNEL TO WEST LAKE Are wetlands present within 100 feet of the proposed activity? No X Yes SPOIL AREA LOT 131 Does the project involve excavation or filling? No X Yes If Yes, how much material will be excavated? ±775 (cubic yards) How much material will be filled? ±775 (cubic yards) Manner in which material will be removed or deposited: HYDRAULICALLY DREDGED TO SPOIL AREA - LOT XAX 131 SEE ATTACHED HYDROGRAPHIC MAP AND SURVEY Describe the nature and extent.of the environmental impacts reasonably anticipated resulting from implementation of the project as proposed. (Use attachments if necessary) SOME TEMPORARY: MUDDING OF THE INLET AND ADJACENT WATERS DURING THE HYDRALULIC DREDGING OPERATION PROJECT ID NUMBER 617.20 SEAR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 -PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1.APPLICANT/SPONSOR 2.PROJECT NAME PECONIS ASSOCIATES, MAINTENANCE DREDGING WEST LAKE INLET 3.PROJECT LOCATION: SOUTHOLD SUFFOLK Municipality I County 4.PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc -or provide map SEE ATTACHED HYDROGRAPHIC MAP AND SURVEY 5.IS PROPOSED ACTION: ❑ New ❑Expansion ❑Modification/alteration OTHER-- REPEAT 6.DESCRIBE PROJECT BRIEFLY: MAINTENANCE DREDGING AND REOPENING OF INLET CHANNEL TO WEST LAKE 7.AMOUNT OF LAND AFFECTED: Initially 0.25 acres Ultimately 0.25 acres &WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? IAIYes ❑ No If no,describe briefly: 9.WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) FTIResidential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open Space ❑Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) aYes ❑No If yes, list agency name and permit / approval: DEC AND C OF E 11.DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ®Yes ❑No If yes, list agency name and permit / approval: DEC AND C OF E COPIES ATTACHED 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? QYes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant onsor PECONIC ASSOCIATES Date: C2 2/D Signature If the action is a costal Area,and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment - sufFot� Albert J.Krupski, President �� C� Town Hall James King,Vice-President =� Gy 53095 Route 25 Artie Foster p P.O.Box 1179 Ken PoliwodaCOD Southold,New York 11971-0959 Peggy A.Dickerson • `� Telephone(631) 765-1892 Fax(631) 765-1366 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD --------------------------------------------------------------- In the Matter of the Application of --- -0 --�--- ---------------------- COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING residing at XI'Y 57- A !G IJA being duly sworn, depose and say: r That on the ( daY of(.I/_-C , 2.00', 1 personally posted the property known as Arch Ru by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held /h{.�� M�r(/.���,pf+ /VA�i,I�( lam" ( L C Q `� , r)-(P Pfrl, Dated: (signature) gnature) Sworn to before me this 1-1*"day of o ec. 2004- Public John M.Jud9e NOTARY PUBLIC State of NqW y0* No.01 JU6059406 Qualified In Suffolk County commission Expires May 29.20 oZ NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES,TOWN OF SOUTHOLD In the matter of applicant: WEST LAKE ASSOCIATION SCTM# 1000-090-1-11 & 090-1-t3 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: HYDRAUCLICALLY DREDGE SILTED 'IN ENTRANCE TO WEST LAKE IN ACCORDANCE WITH THE 'ATTACHED.HYDROGRAPHIC MAP DATED .10-20-2004. SPOIL TO BE HYDRAULICALLY PUMPED TO ADJACENT EMPTY LOT ON WEST LAKE SCT # 1000-90-1-13. 2. That the property which is the subject of Environmental Review is locatbd adjacent to your property and is described as follows: CHANNEL ENTRANCE TO WEST LAKE FROM HOG NECK-RAY. 3. That the project which is subject to Environmental Review under Chapters 32,37,and/or 97 of the Town Code is open to public comment on: DECEMBER 20. 2004 - You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: WEST LAKE ASSOCIATION ATTENTION PETER GUNN MAILING ADDRESS: 2145 LITTLE PECONIC LANE SOUTHOLD, NY 11971 PHONE#: 631/734-4053 Enc: Copy of sketch or plan showing proposal for your convenience. p HYDROGRAPHIC MAP • Ma SCALE 1"= bo' Entrance to West Lake Cedar Beach Southold Town Suffolk County, NY Proposed: Dredqfncj Purpose: Safe- Navfqaflon ?060 m Datu A.L.H. Q) Tide Range: 2.5' +/- C' 0, CO\ Elevatforr. OD) 9 'y Gross Section "A' axverOd4 ............... 10/20 04\�� 0) 0 A ALIN——————— raA ofVC C,\%0-�L 0 &0 a •0� 'o- R 'Op' 0 j 10, I ma(�A) —01—-10 I.F. \0 of ex;a . ........ '?re\;o'W Gross Section-r- on B 0 t bul &Ca 7.- �LVI gA 110= kb.1. -"'Ore(4 ------ 0 -35 \42 V V (AAO, ------------ 41 \01 10x aA \0 b="9of'b= Gross section -r-- p— ..dztb. \00 \0 "00 '0 Cross Section*E" AO' 0 '(1-0 001- I Ord,= Dredged material (est 0 500 c-P cisst. % PREPARED 5r, with It SEA LEVEL exlsung timber I cy.per f. (approx. eleYS Gross Section 'D" MAPPINGP.0.Box 0 53qB RIVERWEAD,NY 11qO1 PH 631-1223590 Gross Sections 910at I Of I Scales. AjENPE -Oe-04 20' TH15 PLOT PILA5 DE`/ELOPED -35, V. V = 10' FROM SURVEYS OF 10-20-04 ROBERT H.FOX,NY5 Llr-#5019- 11/8/2004 3-45,22P 0,\S 101,103 44— PECONIC A:SSOCIATES9 INC F.PIV 3t0>t1H@ITAL PhANNERS; &.COHSUIMANT$ P: 0 .Baz 672 Gz eenport, Bev rack 11944 reZephone (631)477-0030 August 24, 2004 Paz (631)477-0198 S X1lIL: peconicaFopton.Ume.net West Lake Association Attention: Mr. Peter Gunn 2145 Little Peconic Bay Lane Southold, NY 11971 Dear Mr. Gunn: SUBJECT: Review of Project for Dredging of West Lake. The following is the review performed by Peconic Associates for the dredging of the entrance to West Lake. PRESENT PERMITS: West Lake Association had received permits from DEC and the Corps of Engineers for subject work. The Permit from the Southold Town Trustees was held pending payment of fee based on quantity of material to be dredged. The Permits received limit the activity to hydraulic dredging only. The requirement to remove concrete ramp and timber bulkhead on the west side of the channel required other means-than hydraulic dredging. ' The DEC Permit required dredged spoil to be placed in geo tubes in front of the bulkheaded property to the east of the West Lake Channel. MEETING AND DISCUSSIONS WITH INTERESTED CONTRACTORS: Meetings and/or discussions were held with the following interested contractors: Terry Latham, Latham Sand & Gravel Chris Kirk, Gibson & Cushman-Dredging Company. The problems the contractors had with performing the specified work in accordance with issued permits included: 1. There was no equipment access to the location where the Geo Tubes were to be placed except across residential improved property. 2. The concrete ramp to be removed is on private property and not part of the area under the jurisdiction of the West Lake Association. Also. this part of the work could not be done hydraulically. 3. The amount of material to be removed-would exceed the capacity of the.Geo Tubes even if they were placed as required. 4. Excess material was to be trucked off site without a means or location for dewatering and loading into trucks. 5. Failure of the bulkheads to the west of the channel resulted in a considerable increase of the material to be removed that would exceed the 700 yards contained in the permit, as well as the area requiring dredging to reestablish the channel. Because of the above West Lake Association was unable to find a contractor that could perform the work as delineated in the permits issued to date. WORK SESSION WITH TOWN TRUSTEED ON AUGUST 18T": The writer, Peter Gunn and Bruce Anderson representing the owner of Lot No. 13, Mr. Zevits, met with the Town Trustees at their work session on August 18" At the work session all of the above problems were pointed out, photographs were provided to each member, and the list of the West Lake Property Owners (attached) who were being denied ingress and egress to the Bay with their boats because of the lack of progress on the project to dredge the channel in and out of West Lake. The Trustees seemed surprised that the above concerns were not brought to their attention at the time of the public hearing. As a first step the following recommendations were made to rectify the above problems: (See report to the Trustees.) 1 . Delete the requirement to remove the concrete ramp. 2. To pump the hydraulic dredged material to a pre-prepared site on Lot No. 13. (See Tax Nap and survey and layout of proposed spoil area.) 3. Replace and raise existing bulkhead on the west side of the channel to prevent washing of the material into the channel. 4. Increase the quantity of material to be dredged to reflect the added deposited material in the channel. The Trustees were responsive to the presentation and agreed to visit the site on the next site inspection visit, which would be September 161h. They also would reopen the public hearing immediately thereafter so as to expedite revision to the permit to facilitate accomplishment of the work. RECOMMENDATIONS: It is obvious that revision to the existing permits will be necessary if the work is going to be accomplished. Recommend the following: 1 . Revise Permit Application to reflect the recommendations made to the Town Trustees. 2. Obtain the Town Trustee Permit in support of the revision to the DEC Permit. This may not be an easy task. 3. Accept as an alternative spoil replacement the beach area east of the entrance channel. 4. Make all parties aware of the concerns of the condition of the bulkhead on the west side of the channel, failure of which would immediately block same. 5. Emphasize the need to have maintenance dredging on a yearly basis at the entrance to the channel, and not restrict it to hydraulic dredging. 6. Once the Trustees abd DEC permits are in place, or nearly so, request approval of Coastal Zone Management in preparation of getting a revised Corps of Engineers permit. The above completes work in the present agreement. Additional work toward the revision of the permits would need approval by the Association Respectfully submitted, PECONIC ASSOCIATES, INC. Merlon E. Wiggin, .,M.E. President. July 6, 2004 West Lake Homeowners Association And Property Owners There are 21 homeowners and 4(vacant lot) landowners, who surround West Lake. Of 25 (twenty five) 18 are supporters of our quest to DREDGE. Three of the four Landowners maintain docks, or permitted moorings.Nine homeowners have docks with Boats. Five Homeowners do not support maintaining Boat accessibility from West Lake to Little Peconic Bay. One of these Five has a dock And Boat. Two, have three boats between them and no dock.. The following is a list of homeowners and property owners in support of DREDGING. bar and Mrs Victor Alsobrook Mr and Mrs Peter Gunn Mr Arthur Sowinski PO fox 355 2145 Little Peconic Bay La 24Bancroft Rd. Southold NY 11971 Southold NY 11971 Poughkeepsie,N.Y. 12601 Mr Al Amend Mr and Mrs Henry Kammer Mr and Mrs Arthur Staib 100 Hilton Avenue 119 Hudson Ave 7 Outpost Lane Apt 306 Tenafly NJ 07670 Hilton Head SC 29928 Garden City NY 11530 Mr and Mrs Ed Brennan Mr and Mrs Tom McDonogh Mr and Mrs Joseph Zevits 247 Neptune Dr 7 Colonial Way 97 Baylor Ave Hillsdale NJ 07642 Groton CT 06340 Madison NJ 07940 Mr and Mrs Jerry Case Mr. Austin Power Mr.&Mrs.Craig Wolff 505 West Cedar Pt Dr 68 Huron RoadBellerose NY 11001 218 Johnson St Southold NY 11971 Centerport,N.Y. 11721 Mr and Mrs John Franco Mr and Mrs Tom Prok Mr.&Mrs. Stan Rogalski 21Carmen Lane St op James NY 11780 2146 Little Peconic Bay Lane Po Box 926 Southold,N.Y. 11971 Southold,N.Y. 11971 Mr and Mrs Doug Defeis Mrs Bonnie Quinn 2228 NE 26th St Dr.&Mrs.Mark Saporito Lighthouse Pt FL 33064 6 Cider Mill Lane 1025 Water Terrace Huntington NY 11743 Southold,N.Y. 11971 Board of Trustees ApplYcation County of"Suffolk' State of New York aa.. MERI--ON F WIGGIN BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S)AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/IIDR KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH-IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE.TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S}, TO ENTER ONTO MY PROPERTY TO INSPECT THE `PREMISES IN CONJMCTION WITH REVIEW OF THIS APPLICATION. Signature �J Pd SWORN TO BEFORE ME THIS S DAY OF 20 Wotgry Public CYNTHIA M. MANWARING NOTARY PUBLIC, STATE OF NEW YORK NO:01 MA6100507 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES OCT.20 APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSfW FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The puruose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: NI 7i t a t� (Last name,first name,middle initial,unl you are applying in the name of someone else or other entity,such as a company.If so,indicate,the.other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (If"Other,name the activity.) Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,ngarriage,or business iilterest"Business interest"means a business, including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or-employee owns more than 5%of hares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.Either check the appropriate line A)through D)and/or describe in the space provided The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation); C)an officer,director,partner,or employee of the applicant;or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted day of�614:lt- 2oo 4-- Signature. tt.C.•.r rrc � y. Print Name /y(e r/n.-r E- .' t Form TS I PECONIC ASSOCIATES, INC. ENVIRONMENTAL PLANNERS & CONSULTANTS P. O. Box 672 Greenport, New YorJE 11944 Telephone (631)477-0030 Fax (631)477-0198 E--MAIL: peconicaeoptonline.net November 23, 2004 D E C E � �n !S2 V Southold Town Trustees NOV 2 3 2004 P. 0, Box 1179 Southold, NY 11971 Southold Town Board of Trustees SUBJECT: Maintenance Dredging and Reopening of Inlet To West Lake. Please find enclosed application with supporting documents for the maintenance dredging and the reopening of the inlet to West Lake to permit property owners access to the Bay. This project has been in the works since 1995 (see attached letters from Suffolk County Department of Public Works) with need for action increasing each year, to the point that the channel is now totally blocked (see photos provided you). Permits were finally obtained in 2002 (copies attached) but the permit parameters were such that work could not be accomplished and therefore no contractors could be obtained. In consideration and concern of the condition of the bulkheads on either side of the inlet the requested dredging depth is 3.5 feet with 1 to 3 side slopes instead of the originally planned 4 foot depths the full width of the channel. Sincerely, PECONIC ASSOCIATES, INC. erlAEWiggin,�'P. . E. President 247 Neptune Drive Groton, CT 06340 December.14, 2004 E D =7C Town of Southold Board of Town Trustees Town Halln Southold,NY 11971 ees Dear Trustees: We have been coming to our summer home at 1865 Little Peconic Bay Lane on West Lake for over 31 years and have seen many changes in the area. Nearby inlets that have not been dredged have closed in and have become swamps and breeding grounds for mosquitoes. The inlet to West Lake-is silting up more now than in the past 31 years. We strongly support the need for dredging as requested by the West Lake Association. Dredging will allow adequate water flow which will keep West Lake healthy and allow it to continue as a natural resource and breeding ground for fish, shellfish and water fowl, not mosquitoes. In addition, dredging will continue to allow recreational opportunities, bay access and maintain property values We strongly urge you to approve the dredging of West Lake as proposed by the West Lake Association. Sincerely, Edward L. Brennan, Jr. Linda Brennan i JOHN L FRANCO MD 21 CARMAN LN SAINT JAMES.NY 11780 I- D-� 5ou'lvolj 'f�)oaA� Of o jokK +400-A -F-izav-" -Pvam� to vu vtw) D E CE wE D'EC 2 7 2004 / Southold Town Board of Trustees • _ �� Grp •�s � ��-� Vac� P4a-A G c NOTICE MAUXACENT PROPERTY OWNER BOARD OF TRUSTEES.TOWN OF SOUTHOLD In the matter of applicant: WEST LAKE ASSOCIATION . SCTM# 1000-090-1-11 & 090-1-t3 ' YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: HYDRAUCLICALLY DREDGE SILTED IN ENTRANCE TO WEST LAKE IN. ACCORDANCE WITH THE 'ATTACHED HYDROGRAPHIC MAP DATED .10-20-2004. SPOIL TO BE HYDRAULICALLY PUMPED TO ADJACENT EMPTY LOT ON WEST LAKE SCT # 1000-90-1-13. 2. That the properly which is the subject of Environmental Review is located adjacent to your property and is described as follows: CHANNEL ENTRANCE TO WEST LAKE FROM HOG ,NECK-B'AY 3. That the project which is subject to Environmental Review,under Chapters 32,37,and/or 97 of the Town Code is open to public comment on: DECEMBER 20. 2004 —.You may contact the Trustees Office at 765-1892 or in writing. The above-referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. OWNERS NAME: WEST LAKE ASSOCIATION ATTENTION PETER GUNN MAILING ADDRESS: 2145 LITTLE PECONIC LANE SOUTHOLD. NY 11971 PHONE#: 631/734-4053 Enc: Copy of sketch or plan showing proposal for your convenience. R ECE WE Mrs. Ricki Fier DEC 2 7 2004 130 Midway Road Southold, NY 11971 ecemberBSIO of f�ustees Town of Southold Board of Town Trustees Town Hall Southold, N.Y. 11971 To the Board: As I a former public health nurse and a member of SPAT, I would urge that your board consider some important issues regarding the necessity for dredging of West Lake as soon as possible. As evidenced by several neighboring ponds which have become, in effect, swamps which breed diseases, it is imperative to prevent the silting over of our lake. In order to prevent this from ocurring, we seriously urge the board to grant us a permit to dredge the lake. As we all know; swamps breed mosquitos which carry diseases suchas as encephalitis, and West Nile Fever and present other serious public health threats and are also a nusiance requiring the use of pesticides and sprays which are toxic to the environment.. If West Lake closes over or becomes overly muddy and silted, the current level of mussels, clams and other shellfish will be threatened and seriously diminished. In addition, the wildlife suchas the nesting swans, egrets, herons, and grasses will become imperiled. It is also very clear that all property values in the area will be affected, thus impacting on taxes paid to the town at a devalued rate. My husband, Dr. Henry Kaminer and I are residents whose home borders on West Lake, and we contribute at our own expense towards maintaining our property and promoting restoration of the marine life, as well as the ecology of our area. Were the lake to become non-navigable, property values would decrease, and real estate values diminish. I urge you to consider granting the necessary permits so that our ecologicallly sound plans to dredge may begin prior to the nesting season for mosquitos and breeding season for the wildlife this year. Respectfully yours, Ricki Fier, R.N., MS - 4vt I C v f � "I N Ll 100 � D D EC 1 7 2004 n DI � a Southold Town Board of Trustees rot �e 7 - -P� 1 � F A,'4--?A"41W eip— H<.,ep r-O L F a 4-o -i,�te dkAzani — tv-4 pNi-d � Ae dlcr?,ee, p--W,es st cKt&.e-- os � -}-o ate 64J � - 6 Yl-" 0-7 cC,[rvq cAeAL � w-� `t S�po� ls k J "14 'Lea�G '3 ) CtL Af" vv-eif�a4AZJ ' ..�a,�n s,e�e s ✓ s- , tie�.u��-s.2 )`'lam �l -� .h�o7 l� a-� aae NOTICE TO ADJACENT PROPERTY OWr'ER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: WEST LAKE ASSOCIATION sm. 1# 1000-090-1-11 & 090-1-;3 YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to request a Pcrmit from the Board of Trustees to: HYDRAUCLICALLY DREDGE SILTED IN ENTRANCE TO WEST LAKE IN ACCORDANCE WITH THEATTACHED HYDROGRAPHIC MAP DATED 10-20-2004. SPOIL TO BE HYDRAULICALLY PUMPED TO ADJACENT EMPTY LOT ON WEST LAKE SCT # 1000-90-1-13. 2. That the property which is the subject of Environmental Review is Iocatt,-d adjacent'to:- your property d is described as foLows: Crr"itN•L ENTRANCE 70 '►;EST LAKE FKCM , •r.OG N-,--K SAY the t F t 1 r a .r :'1 7 0• '_z 7nat th pro'ec ,�•hich is subject to nv'ro:�. a. Re �.� under C. --ptc:� 3 , ....d'cr 97 of the To,,;,-- Code is open to pubLc co=cnt en: You .:av contact :.fie T:usteCZ GrT ce at 7o�-IS92 cr .Z The above-referenced proposal is under review of the Board of Truste-es of the To',;m of Southold and does not rzference any other agency that might have to review same proposal. OWNERS NA.�: WEST LAKE ASSOCIATION ATTENTION PETER GUNN .Ntk L G ADDRESS: 2145 LITTLE PECONIC LANE SOUTHOLD. NY 11971 PHONE #: 631/734-4053 Eric: Copy of sketch or plan showing proposal for your convenience. Ali Mr.Albert J.Krupski p � C E esident tld Town Trustees DEC 1 7 2004 1, Dear Mr.Krupski; Southold Town Board of Trustees Myself and my family are writing this letter to show our unco 1 support of the dredging project in West Lake Inlet. We have just recently appealed to the Board of Trustees to rebuild our bulkhead and one of the conditions was to relocate the wall back 4 'feet in order to promote the development of wetlands. We, of course, agreed to do this. We have owned our property for 35 years and have enjoyed the natural ebb and flow of the life cycles in West Lake. Indeed, such natural inlets and estuaries provide necessary natural protection for an enormous variety of developing wildlife. With each change of tide into this long established ecosystem, the origins of life become apparent even to the most casual observer. Aside from the other - perhaps more obvious- potential detrimental impacts such as decreased property values and lack of access for small pleasure crafts, denying this preventive measure leaves open the gate for either a fluke storm or, the inlet filling in as a result of the neglect of property owners on either side of the inlet. If the act of erecting bulkheads on such an inlet creates a positive economic benefit fo the property owners and has the by-product of being positive for this ecosystem, it should also create responsible stewardship on behalf of all involved, for with such self-serving actions also come with it, the price of responsibility. Although it perhaps is not the responsibility of the Town Trustees to create new wetlands, are the Trustees not charged with the responsibility to preserve existing wetlands? The only possible objection could be raised by self serving landowners on either side of the inlet, whom would perhaps prefer Community funds to maintain the integrity of structures that they themselves are responsible for maintaining. I should point out that the early tax maps show a public access right of way on both of these properties right up to the inlet. I don't think that either of these individuals (Mr. Moi and Mrs. Greenfield) honestly would like to see West Lake suffer from our mutual lack of stewardship and become a sealed, foul muck-marsh, as it certainly wouldn't be in their best interest. All we wish to do is what has been being done in neighboring communities like Reydon Shores for many years. The fact that our community is willing to foot the bill for this rather expensive action should speak volumes to this Board of Town Trustees as to the commitment to preservation in this community. With all due respect, Douglas & Lydia DeFeis Matthew DeFeis Brittany DeFEis FROM FOUR SQUARE STUDIO FAX NO. : 212 216 0948 Dec. 16 2004 02:32PM P1 I4ARRCELLE GREENFIELD`[1t'" do 306 West 38th Street ` New York, N Y 10018 Tel: 212/971-9210 Fax: 212/947-1330 • FAX TMNMMION • zb: Ru; S ( t Date: 12-'1 i 6 O 6oUc14a V 76 r v . a. of- rAkii-tee r No,cf Paces IA RSt fn 41( including cover ! � {Mari u, 12-j z0 o �f eL L�4 C&w teyP�� r 5r ,::..,.,.• '.r,•..•• •,,,,.:.• . ... 4• -,.r'•.t'.' :�',..}":;y:',a .. �.��,:.o. 's'�,';t4�'�?�%. :,:i:': A r• J4-. i';I�.�l14V-•wY �" .' '.r./. 'M••.IS T.�.{'l.v .\ .%".• 'I-•4�i Iw l��r•,.• N� Gri`•1r'i FROM : FOUR SQUARE STUDIO FAX NO. 212 216 0948 Dec. 16 2004 02:33PM P2 y . IA4A t614 4v HA..e Fropos4 1 41 5-ov-dLq q/v--;udzAt,, ak- -4 4-L #lLC o al-0 lm 4, 8LL&N C-Q ;xe_ Ls-axva-d +0 I gt G ,i 'l� l.L-tta /BIZAftl(V e J I p 4-ro Yly Ae 1 . +0a-a rtAA&%-4,d FROM : FOUR SQUARE STUDIO FAX NO. 212 216 0948 Dec. 16 2004 02:33PM P3 a4 /10 -LA 04 cn k.XA21� 0-4 t-t 4AA-t-ll'P;6- ti-I dtt4lZ4-f M ?44 y afeA- Ay 4,10 t-7 Hl�e �41 t o� 1197/ wo r✓ dp 617 � /,(ieo��w� �2) A Amend 100 Hilton Ave Unit 206 9 Garden City,NY 11530 (516-1 IF l -977 ej.1 . D dvc t i.)I DEC 15 2004 wcsr �tc•� Sautiold Town Board of Trustees j¢yYL b c.J�• u� ��,� ��s�c- ,-�ssv b�-La � -G�� lc-J�6 G,�l tl�. �``56 t-C/../u.�G•'✓i- : a'� i9+'cw-� j?�S r a�e.r.�-r ��a� 6t.:,f c�.cn1�+ /�-� I sU` .S a.Gi f-4�ec.Q� .m ; ud ei .'h cvv�--�/ G��^ �T�li.,!^'`�"41 7-10 c %.-el A y�. /5 Y r w s, `r�/ ya-�a y.l�, <y z—�7ti�. Lv !-IJ r o F uJe-SE " `� 7vP.rcr-�c.S✓r r� WO T /� e'""`''ll'�"7 7 W)�m� 7`- w i LL1 l c r-t G� W A S G-04 r✓/�6 -T a r:tf F uJ LtJ `� 4 u �L HENRY KAMINER, MD 130 MIDWAY ROAD SOUTHOLD,NY 11971 December 10, 2004 2 2 n t5 C L5 U V Town of Southold DEC 1 7 2004 Board of Trustees Town Hall Southold Town Southold,NY 11971 Board of Trustees Dear Sirs: re: Dredging of West Lake inlet I own the property at 130 Midway Road, Southold,New York, fronting on West Lake, and I am very concerned about the ongoing environmental degradation of the West Lake area. Because the inlet to the Bay is narrow and very shallow,the inlet is silting up. This is causing West Lake itself to silt up. If this continues, West Lake will quickly become a land-locked bog or swamp,much like the body of water adjacent to us. At present,we have a beautiful salt-water pond with access to the bay, Indeed, that is why I purchased the property in the first place,and spent money to improve it. If the lake silts up,the property values will drop,the taxes receipts will drop, and an eyesore will be created which breeds mosquitoes and brush. Inspect the adjoining marsh to see the result. At present we provide a home for waterfowl,protected breeding sites for fish, and the home for a pair of elegant swans that return every year. West Lake provides the focal point for a happy healthy community of citizen homeowners. If dredging is not done very soon,we will pass the point of recovery and all this will be lost. We have revised the plans in accordance with every instruction from every governmental agency and the current plans do no harm to the environment but indeed preserve it in its pristine form.Please approve the dredging plan as proposed. Yours truly, Henry Kammer MD HENRY KAMINER, MD 130 MIDWAY ROAD SOUTHOLD,NY 11971 December 10, 2004 Town of Southold Board of Trustees Town Hall Southold,NY 11971 Dear Sirs: re: Dredging of West Lake inlet I own the property at 130 Midway Road, Southold,New York, fronting on West Lake, and I am very concerned about the ongoing environmental degradation of the West Lake area. Because the inlet to the Bay is narrow and very shallow,the inlet is silting up. This is causing West Lake itself to silt up. If this continues,West Lake will quickly become a land-locked bog or swamp,much like the body of water adjacent to us. At present,we have a beautiful salt-water pond with access to the bay. Indeed, that is why I purchased the property in the first place, and spent money to improve it. If the lake silts up,the property values will drop,the taxes receipts will drop, and an eyesore will be created which breeds mosquitoes and brush. Inspect the adjoining marsh to see the result. At present we provide a home for,waterfowl.protected breeding sites for fish, and 1 . the home for a pair of elegant swans that return every year. West Lake provides the:focal point for a happy healthy community of citizen homeowners. If dredging is not done very soon,we will pass the point of recovery and all this will be lost. We have revised the plans in accordance with every instruction from every governmental agency and the current plans do no harm to:the environment-but indeed preserve it in its.pristine form.Please approve the dredging;plan as+.proposed.: Yours truly, ... . .. . . . . .-Henry;Kaminer MD.. . . • • . 12 Ago 1. s.Peggy Dickerson Lk t a Id Town Trustees ti � - Southold Town kerson; _.Board of Trustees Tonal Myself and my family are writing this letter to show ou support of the dredging project in West Lake Inlet. Just recently We have appealed to the Board of Trustees to rebuild our bulkhea 4 feet d and one of the conditions was oftWetlandsteWeheof wall courrse,� agreed in order to promote the development to do this. We have owned our property for 35 years and have enjoyed the natural ebb and flow of the life cycles in West Lake. Indeed, fuchannatural enormous r and estuaries provide necessary natural prode variety of developing wildlife. With each change of arent 1eventtostheng established ecosystem, the origins of life become app most casual observer. Aside from the other - perhaps more obvious- potential detrimental impacts such as decreased propevalues measurecleaves of copen the gate for l pleasure crafts, denying this preventive for either a fluke storm or, the inlet filling in as a result of theside - ct of neglect of property owners °n inletrcreatesfatpositivehe •econom if icabenefit erecting bulkheads on such by-product of being positive for this fo the property owners and has the ecosystem, it should also create responsible stewardship on behalf of all involved, for with such self-serving actions also come with it, price of responsibility. --- -" the responsibility of the Town Trustees to Although it perhaps is not create new wetlands, are the Trustees not charged with the etlands? The only possible responsibility to preserve existing w objection could be raised by self serving litdyofunds to maintainwners on either 1dtheof the inlet, whom would perhaps prefer _ integrity of structures that they themselves are responsible for maintaining. I should point out that the early tax maps show a public access right of way on both of these properties right up to the inlet. I don't think that either of these individuals (Mr. Moi and Mrs. Greenfield) honestly would like to see West Lake suffer from our mutual as i lack of stewardship and become a sealed, foul muck-marsh, certainly wouldn't be in their best commerest.sAll likeeReydonwish tSho�essforat has been being done in neighboring _ many years. The fact that our community is willing to foot the bill for this rather expensive action should speak volumes to this Board of Town Trustees as to the commitment to preservation in this community. With all due respect, Douglas & Lydia DeFeis Matthew DeFeis Brittany DeFEis Peter Gunn 2145 Little peconic Bay Lane Southold, N.Y. 11971 To: Southold Board of Trustees, Main Road, Southold, N.Y. 11971 I am a West Lake property owner and consider myself a permanent resident of Southold Township. I am also the president of the West Lake Association Inc. First, I would like to thank the board for, once again hearing the issue before you, namely, "permission to hydraulically dredge the entrance channel to West Lake". Secondly, I wish to thank the board for inviting all property owners effected by this project to participate at this meeting, or if their presence is not possible, to write you with there comments and concerns. 25 registered letters were mailed. It made no difference if a property owner was 200ft. distant from the project, or at the far north end of West Lake. You notified everyone. The common denominator for us all, whether we as individuals, support or object to this project is that we are ALL property owners in the town of Southold. Individually we arrived at differing times with the expectation of enjoying life in our neighborhood, along with the entitlements of ownership. Enjoyment of life in Southold can be defined in more ways then there are participants in this permitting process. Some of these enjoyments, and entitlements are in danger of being lost or degraded, because the inlet to West Lake is silting in. Some residents of West Lake enjoy, fishing, claming, boating, crabbing, bird watching, or the peace and tranquility of West Lake. To the East and West of West Lake is Midway pond and Terry Waters pond respectively. Both were once viable, life supporting lakes like ours. Today they are stagnated, algae covered, devoid of fish life with abandoned rotted boat docks at their waters edge. This degradation has resulted in a substantial financial loss to everyone's real-estate property values and most assuredly will translate to West Lake property owners, if our lake entrance is allowed to close. Of the 25 concerned West Lake property owners 10 have either a private dock or mooring permitted by the town of Southold. All are used to keep a boat. Additionally 3 property owners have moorings on the bay, and only use their lake front dock or mooring when absolutely necessary. This is because of low water and tide restriction, when passing thru the bulk headed inlet. It should be obvious to the board that the majority of West Lake property owners are of common interest and concern. Historically, at all previous public hearings regarding this project, the two property owners objecting and raising concerns about the project are those owners on the East and West side of the inlet. Both properties have bulk heading at the edge of their property, and together these bulk heads define the inlet to West Lake. In both cases these owners bought their property with the full knowledge of the inherent risk of maintaining these bulkheads if they were going to maintain the integrity of their land. Nobody is more aware of this then Mr. Moy. His property is to the East. In 2003 the aging sea wall, directly in front of his beach house, was washed out by a Nor'easter storm, leaving no protection to his home. He didn't have a choice, "it was fix it or loose it". The earth, sand and silt washed out in that storm now is located in the form of a sand bar at the seaward end of the West Lake entrance channel. You, (the trustees) have a photo of this sand bar. The bulk heading along the channel to the East is low and double planked. It wasn't always that way. Mr. Moy did this to insure the integrity of his property. I have met with Mr. Moy and asked what his objection to the dredging project was? The answer I received was "there was no benefit to him". This is a property owner who has a new dock inside the lake and a mooring on the bay, the use of which is enjoyed by his children and grandchildren. May I add that at low tide his dock has no water under it, and if it were not for the bay mooring, he and his family's enjoyment of the water would be greatly diminished. On a late Sunday afternoon, in the summer of 03, from his home Mr. Zevits saw a swimmer trying to catch up to a boat, adrift on Peconic Bay. Realizing how futile the swimmers efforts were he ran to his docked boat on West Lake and took off to rescue the swimmer and retrieve the boat. He had just docked the boat at high tide so he new he could get out again. He rescued an exhausted swimmer and errant boat. This man was Mr. Moy's son. I would have to say Mr. Moy, "you have already received benefit, the benefit of your son's life" and we haven't dredged yet. On the West Side of the channel, Mrs. Greenfield's, property, has a bulkhead that rises in profile to twice the height of Mr. Moy's. This bulkhead was completely rebuilt approximately 20 years ago,(1985), to allow the tear down and rebuild of the Greenfield home. Mrs. Greenfield has raised objection to this project from day one and the recorded record of the trustees public meetings and letters she has written to DEC and the Army Corps of Engineers is rife with distortion, false statement, and subterfuge. All the regulatory agencies have dismissed these statements and letters. After all West Lake Association does have a permit to do this project. The subterfuge is that Mrs. Greenfield's bulkhead along the channel is in poor repair and has been for the past 10 years. Repairs and maintaining a bulkhead wall is costly. Just ask Mr. Moy. Mrs. Greenfield has known of these repair problems for many years as evidenced by the pictures in the trustee's possession and by their personal inspection. Mrs. Greenfield's subterfuge is that she wants to be indemnified and guaranteed that nothing "negative" is going to happen, as a result of dredging, to her deteriorating wall, and if it does someone other than herself will be forced to pay for damages. Existing bulkhead deteration and damages are clearly due to Mrs. Greenfield's neglect and the lack of repair. 4E ' espectfully, Pete Gunn res. West Lake Association Inc.) EE Yv P4av,�A o�70 w-v-� I/LoS o� C�Q i 4 VA von v Y-s o j� vcKkeeL,"- j�p n L van t"I o � J . ,G'-�.',�ac��•2�'�rQ.,w• fin, ���� O�. (°G'�,4 c�-Q � c�e.J T � fre9Z T /���-f31 1S rLo 1-b da-u' �- Y-"AU, vn"*q &M Y-0 k;) ol tt� I fie. 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Tfic Tr l� GtAr�r'n►r�e mafwl Lot .:�.�.bois ehown refer Co. ac T.as—. •yC„ [uacS i•4,1�G�2 -� rr.� ® V�� ' 1• j-. ` �, f •c►r.�cacrr F j • � :•' : . � � • VA ICI SON ..�i!�'L c� • ... .. •`��lc�. :ire,.:�fv�fojl�:• Goutrtf C���� � • . • ', • - .., ,/ . . . r • L�t;/�vt� •'�' � � t 1 � � � GIrYt'.f/ltiJr'�, �•..Y•' - r; f�� �y a•R:.+:.yi$::a,y.:� d.:Ir'.I�.L+««...-e+,..'. .. . . -.,........ ..� .......,....•.i1j.s•.r . .� ._ ........ ' '' ",. ' � �r� ., :r.f _. .. - -.r.:. ..�:_.w_ af....r�....iL..:i-?.�• a 4. ..z..�h'-=^�•!•H'�.•� e - .-- i-�Y1�ROGRff I G MAP of - - 5 t'�,, s Section A 'fl0 `� CJt a}�G PREDGING GRO�.f� SEG —N . trance to Y�[e - 5ltuate: Gedar Beach ' _ - - Town of 5outhold - - - `- _ _ -- - - - ____ s �- Suffolk County, 1�Y mat'.- - _ _ _ _ _\ Hoe SI 1 Neck proposed: Mointoinance Dredging Bay =ur�ose, 50Fe Navigation L = - - - - - - - - - - - - - - - - - - - - -1 `~ 7aturr:: Mean Sea Level Gross Section •B' Tide Qonge: 2.5' +/- — — — — — — — — — — — — - -- � __ __ - 0. 1 SPOIL SITE GR055 SECTIONS 4 �• nto _ - - - - - - - - - -- �. ro �" EX 1-1 edging ia.,� - -~ - - - - - - - - - - - - -I �— �- - - - - -crossSeGtfon 'E' r (-3B) - - - - - - - - - - - - - - - - - - - - - - t- - - - - = - 4- I - ` - T • Cross 5ecti - - — — — — — — — — — — — — — — — 1 — — — — — — I t I L — _ _ _ _ _ I Gross 5ectlor `F' (-2BJ -,------� A 1 - - - � - - — _-- b• j - - - - - - - - - - - - - ; o •w�a. I •,` t•s•, concrete r t tM7er olwm — — — — — — — — — — — — — — — — — — — — — L — — — — — - — dock LO bremoved Spot {c b. - os Tow Tnlstee9h.aeh P� f"I'�O,L,.,W F r i GrriS5 r.Je Gtiol7 �D — — — — — -- — — 4cW�t wE.ti d b u�i t0 � �QiS�• •� __.___-__—.__ — — — — — — oy ausi to W lrvduO W�W i{ - - - - - - 1 ;rtet-nao+*�'�' [' cis — — — — — — — — — — — — — I f�l fob �i rwee, `;. (54) - — ahrwrf;� tru 1^`y --------- - _ - - - - - - - - - - — - - - - - - -1 r arf.co.ro • 1`L.' byT"tee;' ^� f'q .t `(5.0) L- - - - - �- - — — — — - - - - - - - - l000 qo-I- •,, E -----B ` • _ NOTE: ��x, (�4) y1 2-2 I :w, 1 — Project will generate approximately Tom. L — — — j 600 cubic yards of dredge spoil. This ' f (5.4) g,ff —.-�________ I — — — — — — — — — — — — — — — — — — — material is proposed to be relocted into -� West Loke Drive y0 two specific deposition areas as shown. V. X.3 on t max.3 on I slope From slope From LLl11C� I bose of base of 1 p 5uff.Go.Tox• (l,4) bulkhaods Z bulkhead, fb.11 (b.4) ,Sodto 0.4) 6sp!p prgO(aoa °e) 1 11b a) DWELLING --, - - ----- G v W I Job r�1 V,e o off site ' ,_- --'---- - vwt t V. a DECK (oppr ft—to bet _' rid�"°" PREPARED- BY: SEA LEVEL MAPPING i ----- 6 EAST MAIN STREET Ol RIVEPh. 516D-721-3g51 v�ppGh rjF NF� This plan a loped From actual rr----- -- �, T Field sure ys con ted June b, IG98. (7.5) Q0 H, ,c0y0 Amended , • CO �� 005-02 0o I ? O�t * * O6_14_oo _____ ____ i Urnit of silted Area ° lta6�tn' ��� Robert H. Fox, NY5 LiG. 5O1G"1 5neet I Of I , PLAN ,GALE. !' _ .aC 6 i rJriFt 'W I) � p �y , , - . Y s ad V4 � * 90 It. A- �- 41 owl 41 _w ,•• r = • t It br ,Apk .� ell— . .. t AI• r • a �1 �� 4 � a a •••. f.41 44 r -IV 0, Tj AV l s� 44 fa t/ • � •: -• r f � + t r I tip• V % _� + r Of dip 06 • � 1 � ,j; f►i•=� ter.• '! I �' �" . ;► � �.«, � l,� , �, �� Owe t • j' d �� r //tom__• � �w . � R i � I Y ��_-S`�4 Y. 46 lk • jay -A!t VL ♦ �, _ �A • -�♦ 40. New York State Department of Environmental Conservation Division of Environmental Permits Building 40 - SUNY, Stony Brook,'NY 11790-2356 L Telephone (631) 444-0365 Facsimile (631) 444-0360 Erin M. Crotty Commissioner September 11, 2002 , West Lake Association D C/o Gerard Case NOV 3 200 505 Cedar Point Drive West Southold, NY 11971 Southold Town Board of Trustees RE: 1-473 8-02751/00001 Dear Permittee: In conformance with the requirements of the..State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is apermit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, Darleen M. Gerbino Environmental Analyst DMG/Is Enclosure MAY-29-04 SUN 11 : 11 POINTE BISCAYNE 9403945 P. 02 i?9C MIT NUMBER """r r UMA S I A r t UtrARTMENT'OF ENVIRONMENTAL CONSERVATION PEa 1-4738•C2751/000t)1 EFFECTIVE DATE FACILiIYlPROGRAM NUMBER(Sl See bar t 1 2002 PERMIT EXPIRATION DATES) Underthi EnYitoMaentill htay 31.2012 Conservrttlon Law I j TYAQ OF ERM ■New [r enewi( ❑ odltics, p P rml o atruct D Permit to aRrate • Article.16,Titt 5:protection of Waters 0 Article 17,Tilles 7,8:SPDES ❑ Article 27,Title 0: 6NYCRR 373: ❑ Article 15,Title 1S:Water Supply ❑ Article 19:Air Poilution Control Hazardous Waste Management Ll Article 1S.Title 15:Water Transport ❑ Article 23,Title 27:Min"Land O Article MaManagementem Coastal Erosion RQclvmation Management❑ Article 16,Tula 16: L,org Island Wail ❑ .Articls 3e:t;oodpialn Management ❑ Article 15,Title 27: Wild,Scenia and O Arti'eie 24:Freenwater Wetlands Reaeatlonal Ri4cr3 ■ ArGCia 25:Tidal Wetfends r 0:Radia3on Control l,37;BNYCRR ■ 6NYCRR 808:Water•duall,,y Carttrication a Article 27,Title 7; BNYCRR 360: Said VVaete Mane event ^ Pi:RMtl iSSUEp Tp TELEPHONE NUMBER WesatLaka Association 631 T85-1638 ADDRESS OF PERMITTEE ; CIO Gerard Case, 505 Cedar Point Drive WeSI Southold, NY 11971 CONTACT PF-ASON FOR PERMITTED WORK _ TELEPHONE NUMBER Pro er-T pe�(t Services P.O. Box 617, Cutch ue, NY 11935 8 t 31 734-5500 NAMEAND ADDRESS OF PROJECTIFACILITY. SCTM lote 1-5 West Lake EE trahm Channal, West La>Nke Drive Cedar Beach SCTM #11000-0-�tots 17& 24 COUN'rY TOVM WATERCOURSE NYTM COORDINATES Suffolk outhaid salt take/Peconic Bay AESCRIPTION OF ALITHORIZEEC ACTIVITY: Hydraulically maintenance dredge the entrance channsfand adjoining VVest take to-3 mean low water and pump the resulting r approximately 700 cubic yards of materlsl into geotubes situated against the exist1n;bulkheading along the Peccnic Bay shoreline, seat of the channel. After,dewetering,open the geotubes in piece to allow the nand filling to nourish the beech. After the initial dred&q event, dredge up to three more times over the ten year fife of the permit, Remove approximately GO linear fest of the timber bulkheading,debris,and an existing Concrete ramp WOO of the errtrarce channel and plant the area with Spartino aftemiforaa on 18 Inch cenlers). All work must be done its shown on the attached drawing prepared by Robert Fox,L.S., last reverted 8121/02 and stamped"NYSOEC Approved W11/02." By an:optanca of this parMN.tha perm(ttes agrees that the permit Is contingent upon s:rct compliance with the ECL, all applicable regulations,the General Conditions specified(see Pape 2&3)and any Special Conditions included as part of this permit, PERMIT ADMINISTRATOR: ADDRESS Gecr a W. Hammarth Region 1 Hesdquarters Bldg.at40 U Y Ston 8r ok NY 1179Q-2$66 �UTHO11I7.ED S!GNATUR OATS g Se (ember 11, 2002 Page i of 4 MAY-29-04 SUN 11 : 13 POINTE BISCAYNE 9403945 P. 03 VEW YCRK 3TA`6 DF-PARTLiENT OF ENVIROt*AFNTAL OONSFRVATiON NOTIFICATION OF OTHElk PERMInT-4 OBLIGATiONS Item A: Pormlt:taa Accepts legal Responsibility snd Agrees to Indeml Ificattion The perrhittee expressly agrees to Indemnify and hold harmless the Department of Environmental Conservation of the Stator of New York,its representatives,employees,and agents('DEC")for all claims,suits.actions,and damages,to the extent attributable to the permittee's acts or omissions in connection with the parmittee's undertaking of activities in connection with,or operation and maintenance of the facirdy or facilities authorized by the permit whether in compliance or not in compliance with the termed and conditions of the permit. This Indemniftaation does not extend to any claims, suits, actions, or damages to.the extent attributable to DEC's own negligent or intentional acts or omissions,or to any c4iims,suits,or actions naming the DEC and estng under article 76 of the New York Civil Practice Laws and Rules or eny citizen suit or cfvil rights provision under federal or state taws. Iftom A: Ptrtnitteelo Contractor*to Comply with Permit The permutes Is responsible for Informing its independent contractors, employees,agents and assigns of"k responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activitles, and such persons shall be subject to the same sanctions for Woiations of the Environmental Conservation Law as those prescribed for the permittee. r item C: Permittet Responsible for obtaining Other Required Permits The permittee is responsible for obtaining any other p+4rmits,approvals, !ands,easements and rights-of-:way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the iands or interfere with the riparian rights Of others in order to perform the permitted work nor does it authorize the impairment of any rights. title,or interest in real or personal property held or vested in a person not a patty to the permit. 0ENERAL CONDITIONS General Condition 1: Facility Inspection by the Deportment The permitted sits or facility,including relevant records,Is s:0lect to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation(the Department)to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a Person to accompany the Department's representative during an inspection to the permit area when requested-by the Department. Acopy of this permit,Including all referenced maps,drawings and special conditions,must be available for inspection by the Department at ell times at the project site or feclilty. Failure to produce a copy of the permit upon request by a Department representative Is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department orders and Dete minations Unless expressly provided for by the Department,Issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, Conditions or requirements contained in such order or determination. Gonerai Condltlgn 3. Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal,modification or transfer cf this permit. Such applicawn must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be In writing, The permittee must submit a renewal applicaton at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System(EPPDES), Hazardous Waste Management Facilities (HVVMF), major Air Pollution Control (APO) and Scild waste Management Facilities (SWMF):And b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be sabrnM ed to: NYS DEC Regional Pgrmit Administrator. Region "., SUNY Bldg 440, Stony Brook NY t 1700-2356 General Condition 4: Permit Modifications,Suspensions and Revocations by the Department The Department reserves the right to modify.suspend or revoker this permit In Accordance with 6 NYCRR Part 621. The grounds for modification,suspension or revocation include: a) materially false or Inaccurate statements In the permit application or supporting papers; b) failure by the permitter to c�'+mpty with any terms or conditions of the permit, c) exceeding the scope of the project as described in the permit application:. d) newly discovered material Information or a male.tial change in environmental cordillons,relevant technology cr applicable laW or regulations since the issuances of the existing permh; e) noncompliance with previously issued permit conditions,orders of the commissioner,any provisions of the Environmentai Conservation Law or regulations of the Department related to the permitted activity. DEC PERMT NUMnER 1-4738-02-75'i/00001 PAGE 2 OF 4 I'1NY-1`J-04 SUN 11 : 15 Hu IN I t I$IZa k-"YNt 'y4 c�0 y'�•-.+ r. er NEW Y RK TATE DEP E EAt 1ROPMENT/lf.CONSERVA110N ADDITIONAL GENERAL CONDITION$FOR ARTICLES 1s(TITLE 81,24, 25,34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration In the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State,or cause loss or destruction of the natural rescumes of the State,the owner may be ordered by the Department to remove oralterthe strai;turalwork,obstructions,orhazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed,the owners,shall,without expense to the State,and to such extentand in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the waaterxurse, No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall In no case be Ileble for any damage or Injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the consenaUan or improvement of navigation,or for other purposes,and no claim or right to compensation shalt accrue from any such damage. 3. -Granting of this permit does not relieve the applicant of the responsibility of obtaining any other permission, consent or approval from the U.S.Army Corps of Engineers, U.S.Coast Guard,New York State Office of General Services or local government which may be required. 4. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. S. Any material dredged in the conduct of the wort,herein permitted sha!i be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplaln or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 6. There shall be no unreasonable interference with navigation by the work herein authorized. 7, If upon the expiration or revocation of this permit, the prglect heraby authorized has not been completed, the applicant shall, without expense to the State,and tq such extent and In such time and manner as the Department of Environmental Conservation may require, remove all or an such removal or alteration. y portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any 8. If granted'under6NYCRR Part 608, the NY$Department of Environmentai Conservation hereby certifies that the subject project will not contravene effluent lim4etions o!other limitatior:s or standards,under Sections 301, 302, 303,306 and 307 of the Clean Water Act of 1977(Pt_96-217)provided that all of the conditions listed herein are met. 9. At least 48 hours prior to commencement of the project, the permlttee and contractor shall sign and return the top portion of the enclosed notification form certl;ying that they are fully aware of and understan'd all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the fcrm must also be signed and returned, along with photographs of the completed work and,if required,a survey. 19. Ail activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by DEC PERMIT NUMBER PAGE 3 OF 4 1-4738-02751l00001• A IIAY-29-24 SUN 11 : 15 POINTE BISCAYNE 9403945 P. 05 . - - NC4y VdRK OTAYC�,'Y,y{T '�!F RQl+M81YrAL 71 'll SPECIAL CoNortIONS I. Dredging is prohibited from June 1 .Septernber 30 of each year to protect spawning shellfish and/or Spawning finfish. 2. AJI dredged material must be prepared directly Into gQatubes placed against the existing bulkheading r s shown on the approved pion, No material shall be deposited seaward of ft line of apparent high water. 3. All side slopes of the dredged channel shell have a maximum of 1:3 slope. 4. The dredging of the Wikheaded portion of the entrance channel shall be conducted to leave a suflcient width of undredged bottom at the toe of the bulkheads to prevent undermining of the structures_ $. Dredging shall be undertaken no more than once In any caterfdar year unless specifically authorized by the . Department. $- M.hin 30 days of completion of dredging operati n,a dredged depth surrey of the dredged area shall bo submitted to the Region 1 Bureau of Marine Habitat Protection,SUNY Building 40,Stony Brook, NY 11790-2366. attention; Compliance 7. For maintenance dredg'ng projects, permittee shall submit a Notice of Commencement prior to each dredging occurrence, specifying the disposal site (including an updated site plan). Upon compfetion,a Notice of Completion specifying the amount of dredged material deposited at the approved disposal site must be submitted. 8. The removal of the bulkhaviding debris and concrete ramp must be conducted in a manner which minimizes disturbance to the vegetated wetland and shoreline area. Where practicable,debris must be removed by hand 8. The area of ramp,debris and buNhead removal must be planted with Spartina aNerniflora on 16 inch centers and the applicant Shoff ensure a.minimum of 85%survival of plantings by the end of Ova growing seasons. If this goal is riot met,.the applicant shalt re-evaluate the restoration project in order to determine how to meet the mitigation goal and submit plans to be approved to the Bureau of Marine Habitat Protection, Building 40 SUNY, Stony Brook, NY 1179A-2356, 10. Any dabda or excess material from construction of this proj". shalt be completely removed frorn the adjacent area (upland) and removed to an approved upland area for disposal. No debris is permitted in tide? wetlands and or protected buffer areas. 11. The storage of construction equipment and materials must be confined to the upland areas landward of the existing bulkhead. i i `f 4 occ PERMIT WAIREA. PAGE 4 of 4 4738-02761/00001 _� - MAY-29-04 SUN 11 :21 POINTE BISCAYNE 9403945 P. 10 FROM : TWO GUNNS PETERWHYLLIS FAX NO, : 6317344053 May. 28 2003 08:30AM P4 New York State Department of Environmental Conservation Aft Division of Environmental Permits Building 40-SUNY,St ' Region One Phone:(631 44.q-0�;Brook,New York 1179Q-23Sg 1 FAX (83i)444-0360 website:www.dec.statc.ny.us Erin M.Crafty Con1e'►LIWO ter July 22,2002 lv1r.James E.Fitzgerald Proper-T Permit Services P.O. Box 617 Cutchoguc,New York 21435 RE Application I.D. 1-4738-02751/00001 _ ___ _._.__..._ ...... _ West Lake Association PrOPerty_east end of West Lake Drive,Southold Dear Mr.Fitzgerald: Department t�nical staff have completed a review of the above referonced application to hydraulically dredge the eatrance%onnecdon between Hog Neck Bay and West bake to 3 ft. below mean low water with resultant 700 cubic yards of dredged material to be placed on the beach adjacent to the project site for beach nourishment and plant the northeast comet of the canal and have the following comments' The project is approvable,however,the hydraulically dredged material must be pumped directly into geotube bags located at the toe of the bulkhead in the proposed dredge material disposal sites. After dowatering is accomplished,the bags may be opened to remove the material for beach nourishment. To resume processing,please submit 4 reviW plates whioh depict the geotube(s)in the deposition area and note dredged nweried to be pumped Into geotube for dcw2�taring,then opened and material used for beach nourishment. If you have any questions Concerning the above technical ra .icw,please cor_taoX Claris Arfste�, 13ureau of Marine Habitat Protection,at(631)444-0228, All procedural questions should be.directed to me at(631)444-04o4. Sincerely, Darleen M.Gerbino Bnvironnmtal Analyst cc: Peter Gwen,President,West Lake Association File Y (/►`��7 j}��'� [T�" �4y-SEW ►.�a....., H { PROV RA H I G MAP O• : Gross Section A" ROAD Entrance to Nest Lake e Situate: G dar each� � �� ' ' Tom of 5outho Id H - 5uf f o I-k Gounty, NY Hog Neck „a, BQy Proposed: MaintalnanGe Dredging Gross Section •a' safe Navigation Da ALW — — — — — 1==btY n Aro"I- 5 ; Tide Range: Gross "E` ection Nt.m/bro o� remor.qp•./-pl.=btYg I Proposed grades -5.0 � - Xtgflt of etrb� . m w T,vateea `xisting grades ra�liG too-add, _ f p� (oPProx o Gross Section 'G' I r-3J) w — — — _ I ,`,, Gross Section - ' -ML -•--- -15 -3A 5pox to txp�+��p� `xye - :. ,�; Yltp 6Apnf000ff01 -bus i ____ ____ a ror dernterinq onand --------15 -15 r OX*%uw to be used 1 r ti,i,er (opprox 70o cu yds.tototl '• TO" cru excess to be trucked off efts oma':°- :err Gross Section "D' - ,d >sdlcilw 1 -1.5 -3A alwm '"r' "'•' — — to be rar+wed as — — — — — 1 Pa Town Tnntees `�Ak ro 3A C, ' A A ��``�'ti,. F 4) (5 c --y` y` - - ------- 2 1 000at' ------ , 1 taw tt { Pw A A A * l 1 �F �•T�5 y�O,ty+pW 1 Pam;r 1 IoO lim I a. 1 WIP. hiiy `~ % ° 1 pansta� I CC am , rfS * 1 5 s 142 T Frlotl line - •tcs G ` west MC8 xr S_'� ---- ----- B A 1 5"4f_Go o-2�a 1 6� -- - --- --- s ` fat A E1-3A 9AI6 G�°gpT-�2 1 t t bry p rtie� 1 - - - VW Bove `' ..k OI n : 10CJ(' t,by 1 Tax s Fred Rom ` (4.4) b.0d,e6d E �O%Aott` TCC St>�s s„FF.a -2-3 t1t 1 t� sty.*� 1 - 016 O r_ j 1 3 -Cory-- 6eo pad 1 t000- i 4t - ohv+r^ aksce o µe Ito vs _t&►�°m venw 1Oo. - - --- ,mod West Lake Qom (b.i) 1 Oil to be qv•' -G r��t�y 1 �e 5�' x P*K 1 - ----- m 1 p�edge area (1footj 1 1 _- --•-. Lon- ester- �aGh Front - i O1 � - (�4) c r m c n s F Go•Y t 1 for Ito reQleosxh1 L�l ed a a oFf Site 1 1 sod 1Oa -ate - ---- ---atwm Amended n�m o; 1O°s,,o �t 1 �• pll E 11 t 55�pbe o tte�� aver t"' - 5-09-00 - o X a l�.aJ 3n v- Y.to 1 lb. . &Ace o ied v9XO tton �> or> _ __ _ 5-22-00 i Tox• (7.4) 1 a 9: `` t0 SDI (6 - alwm --- 6-19_00 5"Fiop00 o-`to-tub --- -ti--.E 1. 2�' -------- - ,6�1 DIw�b i 4 i-Cork Hy 3A _ ---------I--------- 8-28-01 o � �o�j - ch-orn t ,--off: 11-14-01 o p1 ? tOG v,cri ------ ___-- --- "' -- t 08-21-02 --- - '- ('.9) �A Cb.1J. -- _` _-_ alwm ; !. V' t�H y V This plan was devel�oped From actual - i2 oktr+�n____ - '-olwm ' t 1 Q�00 �`� O� Field surveys conducted ,tune 6, 1998! and again on July 1. 2001;i CO i• -3A '- o lwm �`�Gs y-+'''�-'1 V 1 `� � _ ��/IOoC.r * 7k � � ,� i I (-75) - 3A . ^ F 911116 4�i9� ��a 0 (V ,V l i p� -- ------_^---- Ptis` No.5o1s7 Robert H. Fox, NY5 LiG. 50IT7 ------ ao '� -' SEA LEVEL MAPPING; _ } 6 EAST MAIN STREET i - �i`V"' ^'� = SGAL" _ �O' RIVER HEAD N'I' 11901 ! • J,a. �r Ph. 516--W-I-5-151 I Sheet I of I - TRUSTEE POLIWODA: I'll make a motion to Approve the Wetland Permit with excavation included behind the old bulkhead and the fill will be placed behind the new bulkhead. TRUSTEE KRUPSKI: Just give us a yardage figure and then the depth to which you're going to go to. TRUSTEE KING: Seconded. ALL AYES 7. Proper-T Permit Services on behalf of WEST LAKE ASSOC. requests a Wetland Permit to dredge the entrance channel and adjoining portions of West Lake to 3' below MLW, place a total of approx. 600 cy. of dredge spoil on indicated sites, maintenance dredge to same conditions as necessary4to max. of 3 additional timed during the next 10 years. Located: 505 Cedar Point Dr. West, Southold. SCTM#90-1-11 TRUSTEE KRUPSKI: Is there anyone here who would like to speak in favor of the. application? JIM FITZGERALD: I'm here for the Association. I don't personally have anything new to add except for that I would like to point out again that the Trustees did Approve essentially the same project in the past, although there is some question about whether or not it was ever consummated. I understand that the Trustees also have received letters from members of the Assoc. and I think that some of the members are here tonight to talk to you and I believe also we have Mr. Edgar who is a contractor who would like to describe how he would propose to do the operation in some detail, and I think you spoke to him at the site at the last inspection. TRUSTEE KRUPSKI: We did. Briefly,just to recap the last month's, our concerns were, well our big concerns were the integrity of the neighbor's bulkheads which is based in black and white in the Code, preventing us from doing something that would undermine the lateral stability of the adjacent neighbor's property. I think something that on the order of...well I'm getting ahead of myself, maybe, I'll let everyone speak and then we can ... JIM FITZGERALD: Mr. Edgar is here and he can talk to both the insurance aspect of the situation and the opinion of he and I think Mr. Costello, who installed the Moi's bulkhead or repaired the Moi's bulkhead sometime ago, as to whether or not the bulkheads would survive.the proposed activity. TRUSTEE KRUPSKI: Thank you. Would anyone else like to speak? JOE EDGAR: I'm the contractor. I met with you on site. I had an opportunity to speak to George Costello the day of your inspection. Based on the profile we're requesting, he feels there would be absolutely no problem with the integrity of the Moi bulkhead. My feeling is the same with the opposite bulkhead. The profile, which we're looking to achieve, basically, we'll maintain an angle of repose which will not dramatically change the material against the bulkheads at this given time. The main problem is the sand delta which is built up just inside the lagoon. It's a continuing, expanding delta and I feel that as it widens and rises in profile, it's going to start to accelerate erosion into surrounding improved properties including vegetated wetlands. TRUSTEE KRUPSKI: How would that accomplish that. JOE EDGAR: Well it's like pouring a pancake on the griddle. As it widen it's starts to rise, which this sand delta continues to do, water, as it enters and exists the lake is going to take the path that's least resistant, which would be around the sand delta. On one side . s 7 of that particular bar is wetlands. On the other side there is a dilapidated bulkhead and as you move further toward the Peconic, you have an improved bulkhead, I believe it's the Greenfield property. Another scenario which can occur(noise) in profile, could cause the lake to stagnate. Not to mention it is a serious navigation hazard. Somebody unfamiliar with that particular area, and I have some pictures if you would like to review them. TRUSTEE KRUPSKI: Oh sure. We were fortunate to come at low water each time so that we could really see the elevations. I'm just going to take comments from everyone else first. Is there anyone else who would like to speak on this matter in favor of or against. MIKE ZEVITS: We own a piece of property on West Lake that's 1945 Little Peconic Bay Rd., and I just want to speak up in favor of the dredging. I speak in favor of the dredging for many different reasons. One of my favorite is to keep the marine life alive and well in that particular creek. I look in the past at two other creeks that were in that area that were specifically Terry Waters Creek, and it's now called a pond, and also there was also another creek, which is now a pond also. I think it's called Midway Creek but, as a boy, I remember going into those creeks claming, fishing, catching the crabs, etc. and now it's gone. It's gone because it's all shoaled up. Essentially, that's what I'm seeing in West Lake. I grew up in that creek also and I've done boating out of that creek many times. I have a small dock on the creek itself and I can tell you right now, coming in and out of that creek, it is a danger. It's a navigation hazard at this point, specifically at low tide. One of the problems I see, specifically with more, well some boaters anyway, when they try to get out,they're actually picking up their engines and the engines are out of the water so that they don't hit the bottom. Some of them are even getting out to push the boat along. I can foresee someone getting hurt, seriously hurt. What's also happening because of that shoaling, is that when it is high-tide, the water is rushing in, it's rushing in like rapids and what's happening is that the boats are coming in and they have more of a tendency to crash into the bulkheading on either side, so it's a hazard for the boaters who use it right now. Obviously it's a benefit to all the people to have this particular lake, or creek, dredged not only for the marine life but also for the safety of the individuals and more importantly to enhance the property values on that particular creek. If that does shoal off or if it does become unnavigatable certainly the property values do decrease and certainly the tax rate for the Town of Southold will decrease also as a result. One thing -I'm concerned, and I have written a letter to the Trustees, there is a health hazard. I look at it, and maybe it might be far out, but I'm looking at the West Nile Virus. I look at the mosquito population in that area and it has increased. It's terrible in the summertime there. In fact, if the creek does stagnate like Terry Waters Creek did and also Midway, we might have a problem there also and I wouldn't like to see it happen and I speak on behalf of several individuals here but I think they have something to say also. Thank you. PATRICIA KELLY: I have property on Little Peconic Bay Lane also. The reason I want this creek dredged out is because I'm a bird watcher. I used to go watching birds over in Terry Waters as a little kid. The birds that are concerning me most are the herons and the egrets and the plovers that jump and that you-see roaming around there. You. won't find these marsh bird egrets in Terry Waters anymore. They don't even go near where the entrance was anymore because all their food is gone. I was doing a little research on this and I was looking down in Cape Canaveral-down in Florida where they 8 closed off an area to prevent, I don't know just to make a park out of it, and it was to prevent mosquitoes. What happened is when they closed it all off, the mosquito population got so large because these kinds of marshy type birds that go in and out with the tides were eating all of the mosquitoes so what happened was that they had to use chemicals. We have a septic system, and what is it, like 75 %of this area is septic system, and we really don't have regulations on our septic systems and by leaving this estuary open so that the natural drainage can clean out this area, it's going to save us all a lot of money in the long run, especially since last summer when the mosquito population was horrendous. If we can take care of this stuff naturally, by keeping this place dredged and allowing the natural filtering of the water, everybody in the area is going to be a lot healthier. Thank you. TRUSTEE KRUPSKI: Thank you. CATHERINE BARBADO: My husband and I have a home on West Lake Drive and,I was unaware of the meeting last week until one of my neighbors called me. However, we were aware of the fact that there was a meeting for Campanelli which was posted. I don't know if it's a policy that all things must be posted or not. I know that West Lake has two signs. One on Mid Way and one on East Peconic Lane and we saw no notice whatsoever there. I went to your office there and I obtained a few things. The first that I want to address is that your Conservation Advisory Council has given you Approvals. However, they stated West Lane instead of West Lake and Southold may have a different West. Lane. TRUSTEE KRUPSKI: It might be a typing error . It's probably a clerical error and not any intention to mislead anyone. CATHERINE BARBADO: Well if they do the dredging and they use the crane and the crane goes up and down West Lake, our road, and they do any damage to the road, who is going to be responsible to fix that road for us? We would like to know if the Association is going to pick-up the costs. We've had problems with, in 1987, with the road and we don't want the same problem. TRUSTEE KRUPSKI: The contractor should be responsible for any damage. CATHERINE BARBADO: So we will have someone to rely on that could take care of this? TRUSTEE KRUPSKI: That's a good to have someone...that's something that hadn't yet been discussed in this application is the access for equipment to do this job. CATHERINE BARBADO: Well how would that be done, sir? TRUSTEE KRUPSKI: That's usually don't by having the applicant or the contractor post a bond. CATHERINE BARBADO: Now another thing. If you recall, we had a private meeting with the Trustees on October 5, 1990 and it was just my husband and I with the Trustees and I would like to know if you keep the records of our meeting with you filed with the West Lake Assoc. or under our name in your files? TRUSTEE KRUPSKI: What was the meeting about ma'am? CATHERINE BARBADO: It was about the many illegal things that were done around the lake. We were concerned with the illegal ramp that was put right at the end where it comes through. The reason we're concerned is because we've had people stopping us, two or three times, asking us about the public ramp of Southold. They wanted to use the Y 9 road to go into the lake. Now is this going to become a public ramp that everyone has accessto? TRUSTEE KRUPSKI: Well the lake itself is owned by the Trustees of the Town of Southold and therefore the bottom is public property, however, you cannot use private land to access that. CATHERINE BARBADO: So in other words, if the ramp remains there, they have access to the ramp? ?,... TRUSTEE KRUPSKI: Well I don't think the ramp would necessarily give them access. If it's private property, you can't cross private property to access public property. CATHERINE BARBADO: And we can be assured of that then. TRUSTEE KRUPSKI:, You can be assured that we wouldn't ever give anyone to cross private property to access public lands. CATHERINE BARBADO: Now according to the impact sheet that I have here, it says that it was expected that the project will have no significant affect on the wetlands and the tidal waters of the Town. What we expect and what natural deals out are two different things. I don't know if we should question impact statements or not. TRUSTEE KRUPSKI: Oh go right ahead, ma'am. That's up to you. CATHERINE BARBADO: Well the reason I say that is because we've been living there for a long time and we have experienced different results from the different dredging that they've had there. Many, many times, when they did not have that bulkhead along the canal, we had not problems there. When they put the other connecting one here, that's when the problem started. We remember, when our children were small, that canal was deep. The bluefish and other fish would go in and out of the lake into the bay. TRUSTEE KRUPSKI: Excuse me, I'm unclear as to what you just said. TRUSTEE KING: She means that this didn't start to shoal up until these bulkheads were put in. TRUSTEE KRUPSKI: Is that it? CATHERINE BARBADO: As the canal enters the lake, alright, let me show you. You say you own the bottom there? TRUSTEE KRUPSKI: That's correct. CATHERINE BARBADO: Alright. You know where the Greenfields are? Right in front of them, abutting along the canal, and then there's another along the lake here, that is what I'm talking about. TRUSTEE KRUPSKI: Thank you. The bulkhead. CATHERINE BARBADO: Yes. Now, many illegal things were done here and unfortunately whatever was done on the water, does not go away and lasts us for years and years and years, and that is the reason that I question the meeting we had on October 5, 1990 to be reviewed by the residents that were unaware of this and postpone this meeting for another time so we can discuss it further. TRUSTEE KRUPSKI: Well that we would have to look up and see if Lauren can find the minutes of that meeting of 1990. CATHERINE BARBADO: Well I have most of the correspondence at home. I did not bring it because I was unaware of the meeting and I didn't have too much time to discuss it. TRUSTEE KRUPSKI: Well anything that's relevant to this application we would certainly welcome. 10 CATHERINE BARBADO: Well I would certainly appreciate it if you would consider it. Thank you. JOE BARBADO: I live at 200 West Lake Dr. and I'd like to make`a few comments. We've been there over 38 approx. 38 years and the problem seems to be...well I think there's two reasons why it's filling in the way it has been filling in. First of all, back in approx. 1978 the Born brothers had that dredged by Latham in East Marion. They dredged that whole lake out and put the spoil on the main land so they could have depths to set up his property along the lake. Now what's happening, through that course'of time until_ now, all that silt is long washing down and most of the property on the west side of that lake is undermining and filling in and there is approx., I guess, and it's only a guess, it's approx. about 25' of mud and silt. The problem came when the bulkhead on the west side of the lake on the northwest corner where it comes into the lake, somebody put illegal bulkhead and the ramp. Before that was put in, that canal was at high tide and low tide, a sufficient amount of water going back and forth to keep it open. Look at your records. It's been dredged many a times. I've been there approx. 36 years and it's been dredged 3 or 4 times. If this dredging goes through, for what I read on the last agenda that you have, you're going to have them put the spoil on the east side of the canal, well when you get a southeast wind or a northeaster like we have been getting for the last couple of years, all of that nice soft sand is going to shoal right back in. My suggestion is, before you issue a dredging permit, that there should be something done about having the silt come into the lake and then you have a job that will be well done and only be applied for once in a lifetime. Also, when that small bulkhead was put in and the ramp, there was a huge colony of fiddler crabs and you know what fiddler crabs do to the bottom. They clean it. Also,there was a huge area of oysters there in which when they dredged it, that vanished. The dredging can be done if it's done right. There's quite a bit of wildlife. Last year I noticed maybe a couple dozen of scallops starting to come back in to the lake. Years ago, that lake was a wonderful spoiling ground for scallops. Today we have a problem with scallops especially in this locality. There are a lot of fish that are going to be hurt and killed by this dredging. I'd like you to have consideration and look back into the past that had been done to concur with today's meeting. Thank you. TRUSTEE KRUPSKI: Any other comment? STAN RUGOSKI: I live in the same area. I'd love to see that lake open and I feel the wildlife would be gone and we'll a lot of mosquitoes and I don't want that. I want it open. Thank you. TRUSTEE KRUPSKI: Any other comment? JOY ZEVITS: I don't have any statistics or anything like that. I just want to say that I'm in full favor of the dredging and pretty much for what the other people said. It really has to be done soon. I know you don't want to destroy the wildlife but if you don't do it know, that creek, like Terry Waters, is just going to fill in, you won't get boats in and out, there's no access to it,the fresh water from the bay is not going to come in and out. It's going to become stagnant, mosquitoes, everything is going to die, wildlife, plants, the fish,the crabs, clams, and I grew up there and we've been there for over 35 years. My idea is to preserve that part of it. If you don't dredge it, you say"well I'm protecting wildlife" you're going to destroy the wildlife, basically, so it has to be clear to water from the bay. It has to have the tides coming in and out. That's my idea. TRUSTEE KRUPSKI: Thank you. • 11 JOY ZEVITS: Do you what I also want to say, since I have a whole list here, because I came here for so many years to Southold, I love Southold. I think it should be maintained and preserved and if you don't do it know, down the rides, our kids and their kids are going to suffer. I think that's important. TRUSTEE KRUPSKI: We'll take all the new speakers first. MARCELLE GREENFIELD: I think it's a given to just react to other speaker, that every one of us here loves Southold and I think we're all here particularly because we want to keep it the way it should be otherwise we wouldn't be here. I think I'm on record. I'm Marcelle Greenfield and I am directly involved because it's my bulkheading that is on one side of the canal. I'm on record being opposed to the dredging and one of the reasons I want to also clarify since the last meeting and re-iterate is that these other closed lakes do not have bulkheading on both sides. What the Moi's have done and I have done has maintained that bulkheading to do it for the whole community as well as ourselves and as long as that bulkheading stands there, that water comes in and out. Sir, you're a fisherman, you know the area. The other areas that are closed are closed because they are not protected by the bulkheading. I'm very concerned, and I know everybody has the best intentions, if the work is done, to be done as professionally as possible. You can understand that I also deserve to have a guarantee that if it is approved, that there will be no damage to me, to my property, and my bulkheading. I want to be assured before it starts, and I'd like to know exactly how and the work is being done to see that...aside from that, there are monies set aside that this will always be cared for. The other thing is, I'm very concerned about automatically permitting ".that the maintenance dredged to same conditions and to be done three additional times in the next ten years". Number one, if the dredging is permitted, I think before it be done again, we have to have another review because things change, tides change, water level changes, the ecology is changing. Do we know what three years down the road is going to do, what the results will be from the original dredging. I think, first of all, that"automatic" should be erraticated. I don't approve of that at all and I'm very concerned about that. As far as the bond is concerned, or however you will be doing the indemnification, it should be not less than 10 years that this should be taken care of. I don't know if there's anything else. Thank you very much. TRUSTEE KRUPSKI: Is there anyone else,who hasn't spoken? JERRY CASE: I live on West Lake also. Many people have been talking about how long they've been here. My family got here in 1669 or something. I've been coming out here for 69 years myself working, swimming, and boating in Peconic Bay and I have access to the bay now and I can see that it's quickly disappearing. It hurts me in many ways, not the least of which is property values but also a certain amount of enjoyment why we bought the house, why we came here and why picked that particular house because we had access to the water, and it looks to me it's clearly filling in much worse this that it was two years ago or last year. I utterly urge you to pass this permit and let us dredge that lake. Thank you. INA GREENFIELD: I'm right on the bulkheading on the mouth of the lake and I'm just concerned about how long.it takes to dredge? What is the time period and when would it be done? We're directly affected. I don't know how many people are in support and are in favor of it. I understand their enjoyment of the area but how will they directly be affected as opposed to our peaceful enjoyment of the area if it's right on our backyard 12 because a lot of the people, I don't know how close they are. (changed tape)we swim on the lake, as you can see I have a young son, and we're concerned about the traffic, and all these things affect us. If it's going to occur repeatedly over the next ten years, it's a large chunk out of our enjoyment and we're concerned also about the traffic. In fact, right now there's restricted because of the high and low tides. Obviously the Town of Southold doesn't have the means to police the area and a lot of people don't really know how to use their boats within the law, the legal limits, how to use the channel, how to go out 100'. My father was run over by a boat, swimming. So, these are issues for us and we're concerned about it and we want to see how that would be taken care of. TRUSTEE KRUPSKI: Thank you. Just a brief question to the contractor, how long would the dredging operation typically take for that job? JOE EDGAR: That situation could be as little as three to five days. As far as noise, most of the access or all of the access would be via the water. The accuracy of this particular unit would be monitored via laser. As far as some of the problems with the roadways, there are no large cranes coming in. Everything will be handled from a barge and a remove dredge that will be deployed down the channel. The dredge could be moored as far as 100' from your property, in terms of noise or bother. As far as sensitivity to the shellfish, basically the delta we look to remove, I didn't see any sign of any activity, scallop, shellfish, or otherwise, we're only talking about bringing out the material in the canal and that delta that's blocking it. JOE BARBADO: I clam there practically once a week or every two weeks or whatever, and I have noticed the scallops coming back. I noticed the clam is starting to come back. JOE EDGAR: I also know that they rely on a higher salinity content that you're going to see if in fact that canal closes up. JOE BARBADO: Well if that parcel of land with that illegal bulkhead and ramp was removed, and go back before they built that, there would be such a flow of water coming in and going out. The amount of water coming in and going out, you wouldn't be able to walk across that canal. As of now, with that restriction there, I grant you it's a restriction, no doubt about it, and there are restrictions there because of the illegal stuff that's been put in there. That's the problem that you people have to deal with. That's why you can't get in and get out. Before that was put in there,there was no problem. TIPPY CASE: I live on the lake. I'm in favor of the dredging and it's basically maintenance. We've put money and time and the permit into it before, in 1990 I believe it was, and it needs to be done again, and I ask you to give us the permit. Thank you. JENNY HARMES: I'm one of the few people who do live on the lake full time. I'm all in favor of the dredging. With all due respect to Mrs. Greenfield, if the bulkheads are in fact protecting it, why have I seen it, in last four years, drying up. The problem with the restriction and the problem with the traffic is that there is a few hours a day when all the people who live on the lake and have a right to use it, are trying to get in and out and that's what's causing the congestion. If it were more free-flowing, we wouldn't have to all wait for those few hours when we could get in. I believe it would benefit all of us, not just me, but it would benefit everyone. That's all that we're asking you do. MARCELLE GREENFIELD: If I could make another point too. I had a bulkheading expert come and see the area and in response to Ken, you had mentioned that you had seen all that white sand flowing around out there and moving back and forth outside the mouth of the canal, I had originally had a groin extending about 20' beyond the lower 15 says here, if you wish to make use of other permits, they can only be transferred by approval of the Town Trustees after consulting the Town Attorney. Now,the private meeting that we had where the Town Attorney addresses all these permits that were obtained, that is the reason I am requesting a review where all the members could share it. If you can't find your files, I have my files at home. I thank you again. TRUSTEE KRUPSKI: What is the date on that letter ma'am? JOE BARBADO: I have been hearing a lot of comments about the mosquitoes but anybody knows (can't understand)the concept of mosquitoes is hypothetical as far as I'm concerned. Something else I'd like to bring to you. The Peconic Bay Estuary, were their authorities.informed on this? TRUSTEE KRUPSKI: Which authority is that? JOE BARBADO: Peconic Bay Estuary. TRUSTEE KRUPSKI: I don't know of any authority like that. JOE BARBADO: They are trying to protect Peconic Bay. TRUSTEE KRUPSKI: I thought that was our job. JOE BARBADO: We'll there are other townships that are all combined. TRUSTEE KRUPSKI: Well we keep in touch with Southampton Trustees and the East Hampton Trustees but I don't know about any other authority besides the DEC, that would have jurisdiction in Peconic Bay. JOE BARBADO: Well there is such a thing as the Peconic Bay Estuary. It's on the federal docket also to protect that. TRUSTEE KING: But it doesn't have any sort of regulatory authority of any type. It's a study of the bay. JOE BARBADO: Well I think they should be notified of what's going on because you are protruding the dredging into the bay. I thought I would bring your attention to it. TRUSTEE KRUPSKI: Well the bay is owned by NY.State. JOE BARBADO: Thank you. TRUSTEE KRUPSKI: Another problem, well it's just a question I wouldn't say a problem;is as you come in, if your coming in from the bay into the West Lake, there's that illegal bulkhead on the left hand side, who owns that property there? JIM FITZGERALD: It's privately owned. JOE BARBADO: Nobody owns that. It belongs to the Town. JIM FITZGERALD: According to the tax map, it's privately owned by, can we look at the tax map? TRUSTEE KRUPSKI: Go ahead. JIM FITZGERALD: It's here and belongs to this piece of property and extends into here. Based on that. TRUSTEE KRUPSKI: It would be better to see a survey because the tax map isn't always the most accurate. What the last speaker said, that illegal jetty, that old one there, and the resultant fill there, if that were removed also, besides the bar, would that increase the water flow there and make, I mean if we could do something like that, if you could decrease the amount,...maybe everyone should hear this since everyone is.here for this, we're talking about that illegal structure that's built on the inside of the lake as you come in on the left hand side and the spoil placed behind that, now if part of that were removed, there seems to be some kind of feeling that it would increase the flushing action which 13 bulkheading on the beach and that has been destroyed by various ice storms and when we had that, when it was working, there was much less sand in the canal and there was much more sand on my beach. I don't know how many years, we just let it go and it had gone and broken up and I'm wondering if we were able to get that, it's just a low 20' groin going beyond where you see the original foundation is still there, that that in itself might prove a stabilizing factor to maintain the depth of the canal. You might want to address that. TRUSTEE KRUPSKI: I just want to read something that's in the file here. "You probably notice each year that the canal is slowly filling in and the pond is becoming more stagnant. As evidenced my large masses of flooding seaweed...if nothing is done the pond will eventually close itself and become a stagnant smelly area with no water- life.."Jt goes on to say about making the lake useable and the property values and the use of boats and whatnot in the canal. If this sounds familiar, it was written February 25, 1976. So this is not a new issue down here. I think we do, this Board appreciates the concerns of everyone for the water quality in the lake. I think there's a couple of big concerns we have one of which.is the integrity of the bulkheads next to it and how can that be resolved. JIM FITZGERALD: I think the only thing we can do is rely upon the testimony of experts because it would seem to me the alternative would be to dig them out and see if they're Ok. In this case, we would be destroying them in the process. TRUSTEE KRUPSKI: Well looking back through the old file, there was mention of, conditioned on a 1987 permit, that proof of contractor's liability insurance is requested and a licensed survey showing the depths of water taken prior to the dredging. Some assurances that if any damage is done to the adjacent property that it will be repaired to the original state. JIM FITZGERALD: It would seem that any contractor doing work any place in the Town, or any place for that matter, if the person hiring him is intelligent enough, he would ensure that the contractor is responsible for damage he does to any property, whether it's dredging or putting in a septic system, or building a house, or whatever it is. It doesn't seem to me that this is an unusual case. TRUSTEE KRUPSKI: Well it is in that it's adjacent to it and our objection isn't the restoration of the water flow. That's one of our biggest concerns we have. Artie, what do you suggest here as far as assuring that someone is going to be responsible in a case that a problem does occur here due to either mechanical failure of the bulkheads due to mishandling equipment or just the fact that once this project is, say it's done perfectly done perfectly to specs, but the bulkhead couldn't take it and off it goes. TRUSTEE FOSTER: I don't know if it's our position to require it but the people hiring it should require some sort of... TRUSTEE KRUPSKI: Well it is. It's in the Code. We can't allow them to do anything that would undermine... TRUSTEE FOSTER: Well require a bond. TRUSTEE KING: We have a time frame we have to worry about too. It could collapse 6 months down the road. TRUSTEE FOSTER;You can require they maintain a bond for a year, a year after the completion of the work. Somebody's going to have to pay for it so they have to write it in the contract, but that's one way of doing it. 14 . TRUSTEE KRUPSKI: Is that something that would be acceptable to the applicant? JERRY CASE: Well we would have to understand the different costs but on the face of it, certainly. We want to assure the people on either side that there would be no damage done to their property. TRUSTEE KRUPSKI: Well we've been assured that there will be no damage. TRUSTEE FOSTER: You wouldn't go buy a new car without a guarantee. TRUSTEE KRUPSKI % Well we have to see that in writing to protect the adjacent property owners. NEIGHBOR: I also live around the lake and I wondering if West Lake Assoc., where does this actually go around. Do I get a bill at the end of this as a resident? TRUSTEE KRUPSKI: You might. NEIGHBOR: Well the other thing that I just want to state is that the Assoc., as living there for 30 years myself, this problem has always occurred. The other thing, if you do dredge it, you're inviting commercial fisherman to come in and take the shellfish. TRUSTEE KRUPSKI: Well it's not their shellfish though. It's public property. It's my opinion anyway, that by keeping the water flow open, you keep the whole area, you're basically you're maintaining the status quo and the health of the estuary there. The more you restrict the flow, and it's not a natural system, you have a bulkhead on either side and we've seen this all over Town, you put two bulkheads, you've never seen a straight channel anywhere in the world in nature. Man tries to restrict his environment to suit his .needs and it never works. So, you never have a straight channel and of course, you put the bulkheads up, and it wants to fill itself in. You can see the channel doesn't run straight there now, it's pushed to one side. You're fighting nature there and it's going to be a constant source of maintenance on the structures, on the dredging, on the amount of sand coming in and there are no guarantees that if this is dredged, suppose you have a storm, you might get one boating season out of it. It could fill in right away. NEIGHBOR: The lake wasn't designed for some of the boats that these people are moving in and out of that channel. TRUSTEE KRUPSKI: Well that's a different problem but the depth of the lake is going to be the limiting factor there also, not just the depth of the channel. MARCELLE GREENFIELD: With all due respect, the commercial fisherman have a much better track record for safety when they come in, they are very careful, and they are very respectful. I worry about the other people who come in flying through, and for the record, where on the beach where my family all swims, they do not maintain the minimum 100' from the shoreline. I'm always out there yelling my lungs out. Some of them will listen and they'll think about it and do it once and next time they're back to speeding. That's our problem. TRUSTEE KRUPSKI: Well I can't answer to the bay. We don't have control over the e speed limit out in the bay. Within Town waters we have a 5 mile an hour speed limit. MARCELLE GREENFIELD: I'm talking about the canal. Speeding directly into the , canal at full gun. TRUSTEE KRUPSKI: Well give you a toll gate too. MARCELLE GREENFIELD: But, you don't see commercial people doing that. CATHERINE BARBADO: I have in my possession here a letter addressed to Edward Brennan, the Vice President of the so-called West Lake Assoc. which is dated in 1990. I would like to know if they require all new permits for doing this thing here because it . 16 would of course maintain the salinity and channel depth in there, and then the resulting fact would that it would have to be dredged less frequently. JIM FITZGERALD: I think one of the speakers indicated that before that magic bulkhead existed, everything was Ok. JOE BARBADO: It was. JIM FITZGERALD: See. TRUSTEE KRUPSKI: I'm glad we have this on tape because we would never believe it. CATHERINE BARBADO: I have four children and at the time that they were small, they would dive into the canal and the water was so deep that I as afraid that the children 6 years and under and that the depth of that water was over 6' if not more. In fact they fished in there. TRUSTEE KRUPSKI: But is that something that we should maybe explore as part of this. JIM FITZGERALD:- If that's what we need to get the permit, then I would think so, yes. TRUSTEE KRUPSKI: Well I mean I think it might be advantageous to everyone to do the project correctly and then you might not have to keep maintenance dredging it. You might not have to keep revisiting this and that would make me happy. JIM FITZGERALD: It's one of those things. You never know what mother nature is going to do. We have a expert testimony that before it was there, things were better. Presumably, if we were to take it out things would get better again. TRUSTEE KRUPSKI: Well I don't think there's a guarantee that it would get better. I don't think it would get worse, but there's a possibility that they would get better. What you have there, and we never considered it when we were in the field, but now that it was mentioned, that does restrict the flow as it comes into the lake. JIM FITZGERALD: It has all that gook on it too. TRUSTEE KRUPSKI: It does have a lot of gook on it which we were concerned about also. MARCELLE GREENFIELD: We originally had white sand there before that was built. TRUSTEE KRUPSKI: Well I don't know if gook is the right word but there's something there that's on the beach that is preventing any sort of vegetative growth there. There should be a healthy marsh fringe there and there's not. There's something that's coating the beach and the rock. It looks like something was dumped there. That area was concerning us and that area is going to part of some sort of replanting after it anyway. JOE BARBADO: Replanting? You should eliminate it. TRUSTEE KRUPSKI: Well that's what we're discussing. JOE BARBADO: A normal body of water, per say gallon flowing through, and by eliminating that, instead of going around in circles, the current of water is hitting the bulkhead where Moi is at and goes out. That's what was happening prior to until they put this thing in. When they put this thing in, it changed the whole concept. You could just pull it up or they could just cut it off at the sand line. TRUSTEE KRUPSKI: Well if you were going to go... I don't know if that would be that big a deal to pull that up. That's not the most substantial structure there. Then you could really do a better job opening that up. We would have to go out on the site and take a look at it and see how much you would want to open that up. I have a question from the contractor. 17 JOE EDGAR: One of the things we considered on your site inspection was to remove the material that is non-conducive to vegetation. If we could excavate that, perhaps remove that bulkhead or open that area up, stabilize it with a biodegradable fiber-log which which would basically rot away within 2 to 3 years but give vegetation the ability to establish. Then you could remove the old stuff, replenish it with some,of the spoil, utilize the bio-log, vegetate it, open it up in contour, that could all become part of the dredging process. It's relatively simple and it's effective. TRUSTEE KRUPSKI: Another thing we...well as far as the placement of the dredge spoil that hasn't been completely answered, we have on the east side, could you put any on both sides or is it limited to the east side, in your opinion? JOE EDGAR: You can put it anywhere you like. Mr. Moi was concerned until he talked to his contractor as to the affects of it and after our meeting he was welcoming whatever fill I could put there. I never had an opportunity to meet Mrs. Greenfield. I'm not sure how she feels about sand placement in front of her place. The only reason I thought that area on the inside would be temporary source and would give you the ability to excavate the old engine block, that black material, and what you see there, and replenish it with some of the cleaner fill directly inside the canal. If it is in fact Town owned and you have the ability to remove that structure and shape some kind of contour to widen it, it's a very simple task. TRUSTEE KRUPSKI: That's why my question was, who owns the property. Ok, that's what we have to find out. If it is Town owned, we can authorize that. CATHERINE BARBADO: May I address that? At one time when we were talking to Mr. (can't understand)when this so-called ramp was put in there and he received a letter from the Board of Trustees asking him to remove it. He told us that he wrote a letter back to the Trustees saying to give him the deed of the property and I will remove it. That property belongs to the original Cedar Beach Assoc. and it's just a part of the Assoc. that no longer is in there. When West Lake Assoc. was formed, I don't know what right they had to take the 50' at the other end and also the piece of land that we're talking about now. That's up to you Trustees to decide. TRUSTEE KRUPSKI: We're going to need to see a survey on that parcel. CATHERINE BARBADO: I'd like to emphasize again, I would like you to review the meeting that we had private with the Trustees on the recommendation of the Town Board. TRUSTEE KRUPSKI: Well what would that be in regard to? Why would we review that meeting from 1990? CATHERINE BARBADO: Because it contains information that is very relevant to this dredging, especially if they want to use the same permits. TRUSTEE KRUPSKI: Well they don't. They're seeking new permits. CATHERINE BARBADO: They're seeking new permits? TRUSTEE KRUPSKI: That's right. CATHERINE BARBADO: Well if they are seeking new permits I believe that you should give us time that the residents around should get together and inform themselves of this particular meeting and then come to their own conclusion as to the way it should be done. TRUSTEE KRUPSKI: I think that's what's happening now though. CATHERINE BARBADO: Well I don't have any proof to show you. a 18 TRUSTEE KRUPSKI: Proof of what though? So we'll make a motion to Table the application and, go ahead Ken. TRUSTEE POLIWODA: The 600 cy. How did you arrive at that number. Was it a guess? JOE EDGAR: It was an estimated guess based on profiles. TRUSTEE POLIWODA: We have a calculation sheet showing .A, .B., with numbers and a diagram. JOE EDGAR: We can't produce it. I don't know. Did you bring a survey? We can be more precise. JIM FITZGERALD: Ken, what is it that you want? TRUSTEE POLIWODA: Calculations. How many cubic yards of material. It says 600 but that could be just a guess. JIM FITZGERALD:' That's on the survey. JOE EDGAR: The yardage was based on the topographical data established for the survey. TRUSTEE POLIWODA: Okay. That's what I wanted to see. TRUSTEE KRUPSKI: I'm going to make a motion to Table the application. I'd like the applicant to, well the applicant can if they want to, to look through the old file here, there's old insurance policies holding the Town not liable to any damages, going back to 1987, or anything you want to refer to out of the old file. We need some sort of bond posted that's going to satisfy the neighbors,'as far as the integrity of their structures, during dredging and then a new plan showing an enlargement of the dredging project and replanting of the wetland fringe on the left-hand side, I guess you would call it the western side of the inside of the inlet, and removal of that old illegal bulkhead and jetty there. JOE EDGAR: I have some information on the shoreline stabilization. TRUSTEE KRUPSKI: Well familiar with them thanks. What we need to know is the final scope of the project, I mean there's quite a bit of leeway there and we want to make sure that it's going to be done correctly, as far as enlarging the project to that left side in relation to water depth there. Then you can contact Mrs. Greenfield about putting spoil up on her side if that's acceptable to her or just to have a place to put the spoil. JOE BARBADO: If the Town owns that parcel that you're referring to on the northwest corner, that includes the ramp that's interfering with it too? TRUSTEE KRUPSKI: That we don't know. We're going to find that out though. JOE BARBADO: I would appreciate it if that is looked into. TRUSTEE KRUPSKI: We will. I have a motion to Table the hearing. Do I have a second? TRUSTEE KING: Seconded. ALL AYES 8. Proper-T Permit Services on behalf of WILLIAM PENNEY requests a Wetland Permit to raise existing garage and construct new first floor under; no change in existing footprint of structure. Raise existing shed/boathouse and construct new first floor under; no change in footprint of structure. Add covered porch 10'X 43' on concrete or concrete block foundation. Remove existing wood deck and in same footprint construct 21'X 24' full height addition to house on concrete or concrete block foundation. Add 13'X 41' Seat bt0PROPER T SERV"ICES May-30-03 02:49Pn fron.6317347463*6314770198 Page 2 Arc _ DEPARTMENT OF THE ARMY r` Y ' s3N1:1Af PORK DIS7f2w1CT�CORPS OF ENGINEERS. -JAC08'IG JA�11^/.FE(7[:RAI ;llL1N DlNC7 NEW PORK: 0278-0090- V j X77EN710N Of: `Regulatory.. Branch S=RCT: Department. of the Army Permit No. 2000-01226-1 hest Lake Association ATTN: Gerald Case c/o Proper-T Permit Services P.O. Box 617 Cutchogue, New York 11935=0617 bear Mr. Case: Enclosed is a Department of the Army permit for your work. You are required to submit to this office the dates of commencement and completion of youx work. Enclosed are two forms for you to use to submit the required dates. zf fv aiiy`,reaaan, a change in your plans or construction method's i& fouii-fiecessaxy, please contact us immediately to discuss modifcat'ion of youz paxmit. Any changes must be app-oved before they are undertaken.. Sincerely, Richard L. Tomer V Chief,. Regulatory Branch Enclosure Sent' by:PROPER T SERVICES May-30-03 02:49rm from 6317347463*6314770198 rage 3 DEPARTMENT OF THE ARMY NEW YORK DISTRICT,CORPS OF EKINEERS JACOB K:'JAVITS FEDEJtAL BUILDING NEW:YOM N.Y.10278 OM REPLY TO ATTENTION OF. CENW-OP-RE MORTAXT This letter must be completed and mailed to the Harbor supervision & Compliance Section at the above address prior to conm-_ncement of any work authorized under the Permit. Permittee: West Lake Association Permit No. 2000-01226 Date permit Issued: May 8, 2003 Expiration Date: May 8, 2006 T4aterway: 6Ge8t Lake, Little Peconic Bay City & State: Town of Southold. Suffolk county, New York work will oomneat+e oz1 or about: Name, Address & Telephone Number of Contractor: Signature of Permittee naee Fold nnis form into thirds, with the bottom third racing outward. Tape it together and mail to the address below or 8AA to (212) 264-4260. Place Stamp Here Department of the Army New York Distric�:' Corps of Engineers Jacob K. uavits Federal Building A7TN•: CENAN-OP-RH New York, New York 10278-0090 • r Sent 'by:PROPER T SERVICES May-38-03 82:49Pm from 6317347463*6314778198 Page 4 DEPARTMENT OF THE-ARMY Nt-wY6 KDtsTFdCT,CoPwa=OF ENGINEERS JACOB K:JWU FDDbtAL BUILDING NEW-YORK,N.Y.'1017.0-000 R4Ky TD .ATTeNncN of: This letter must be completed and mailed to the Harbor Supervision Compliance section at the above address following completion or cancellation of work authorized under the permit. Pernittee: West Lake Association Permit IQo. 2000-01226 Date Permit issued: May 8, 2003 Expiration Date: May $, 2006 Waterway: west Take, Little Peconic say City & State: Town of Southold, Suffolk County, New York Check and complete applicable iltem(s) 'listed below: [fork was completed on Work will not be performe on the project. Deviatian from work authorized.in permit is explained below_ other (explain) Far dredging ,projectg, list the volume of material dredged, and the amount placed at each disposal location (if more than one) . cubic yards placed at cubic yards placed at cubic yards plated at Signature of Permittee Date Fold this form into thirds, with the bottom third facing outward. Tape it together and mail to the addxess below or FAX to (212) 264-4260. Place Stamp Here Department of the Army New York District Corps of Engineers Jacob K. Javits Federal Building ATTN: CENAN-OP-RH New York, New York 10278-0090 Sent 6y:PROPER T SERVICES May-30-03 02:50Pn fron 6317347463+6314?70198 Page 5 DEPARTMENT OF THE ARMY PERMIT Permittee: Nest Lake Association, c/o Gerard Case, 505 cedar Point Dr_ West, Southold. Kerr York 11973, (631) 765 - 1658 Permit No.: 2000-01226-1 Issuing Office: New York District Corps of Magineers XOU: The tercet "you• end its derivatives, as used in this permit, means the permittee or any future transferee. The. term "this office" refers to the appropriate district or diviaioa office of the Corps of Ragineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorised to perform work in accordance with the terms and conditions specified below. project Peacripti m; Dredge, with ten yearn maintenance, approximately 700 cubic yards of material from the.entrance channel and adjoining portions of West Lake to a depth of 3 feet below the plane of mean low crater. Pump the dredged material into geotubes situated against an existing bulkhead on the shoreline east of channel- After dewatering, open the geotubee in place to allow the sand to nourish the beach_ Remove approximately 90 linear feet of the timber bulkhead, debris, and an existing concrete ramp west of the entrance channel. Plant the area With. Spartina alterniflora on 18 inch centers. All work shall be performed in accordance with the attached drawings, New York State Department of Environmental Conservation Permit No. 1-4738-62751/00001 incoxporating the Section 401 Water Quality Certification, and Special Conditions (A) and (B) , which are hereby made part of this permit. Project Location: ni: West Lake, Little Peconic Say AT: Town of Southold, Suffolk County, New York Permit Goaditioas: General conditions: I. The time limit for completing the work authorized ends on May 8, 2006 Xaintenance dredging and disposal activities are authorized until May 8, 2013 if you find that you need more time to complete the authorised activity, aubmit your request for a time extension to this office for consideration at least one month before the above date is reached_ 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the Permitted activity, although you may make a good Faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain.the authorised activity or should you desire to abandon it without a good faith trandfsr, you muat obtain a modification of; this permit from this office, which may require restoration of the area. 3. it you discover any previously unknown historic or arcteologieal remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. we will initiato the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places, 4. If you sell the property *xvociated with this permit, yQu must obtain the signature of the new owner in the apace provided and forward a copy of the permit to this office to validate the transfer of this authorization. f If a conditioned water quality certification ham been issued for your project, you muat comply with the conditions specified in the certification As special conditions to this permit. For your convenience, a copy of the certification is attached if ie contwi" such eoelditions. Elie FORM IM, Nov w EDITION OF SEP 82 IS OBSOLETE (33 UR 325(Appsndir A)) 1145b (Little Peeonic Bay - West Lake Association - Maintenance Dredge with Beach Nourish-eat, PlantjZgo) Z Sent by:PROPER T SERVICES May-30-03 02:5ePA iron 6317347463*6314770198 Page 6 PERMITTNS: West Lake Association PE9KXT No_: 2000-01226-1 G. You must allow representatives from this office to inspect the authorized activity at any time deemedxieeesaary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: (a) The permittee underetands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable paters, the permittee `cill be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No clads shall be made against the United States on account of any such removal or alteration. (S) No dredging activities may occur between February 1st. and September 30th of any year for which this permit is valid with the exception of the year of issuance. Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: (X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. Code 403) . (_) section 404 of the Clean Water Act 133 U.S. Code 3.344) . ( } section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). a. Limits of this authorization: a. This permit does not obviate the need to obtain other Federal, state, or local authori'aations required by lave. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project, 3. Limits of Federal Liability: In issuing this permie, the 9ederal dovOr=01at does not assume any liability for the following: a. Danagea to the permitted project or uses thereof as a resule of other permitted or unpermitted activities or from natural pauses. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. C. Damage, to pergong, property, yr to other permitted or unpernitted activities av structures caused by the activity authorized by thin' permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that iasuancs of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision: This office nay reQvaluata its decision on this permit at any ENG FORM 17Y1,ftv 06 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 32S(Appendix 4)) 2 Sent,by:PROPER T SERVICES May-30-03 02:51Pm from 6317347463i6314770198 Page 7 PERM2TTEE: west Lake .Asso-ciation PERMIT NO 2000-01226-1 time the circumstances WarrAnt. Circumatance8 that could reglire a reevaluation i.Ac7ude, but are not limited to. following: a. Yoe fail to complf with the terms and conditions of this perllic. b. The iucormacioa provided by _roa in aupport of your Perm-it application orovrs to have been False, :acezmplste, or inaecwrate (990 4 fLbove..) . C. 3igni.fie_ant new information surfaces which Chia of=ice did not eonsider in reaching Lae oxi.ginal public interest decision- c-uxuh a reevalttatioml may result is a determination that it is aopropri.ate to use the suspension, 2.ud rovocatlon procec:mres contained in 33 CPR 3AS.7'or er_forcemenc procedures such as `�cmvH ^o:x-air_ed in 33 CFR 326.4 and 326.5. The referenced enforcement procedkire+s provide far the _seuance of i•.xx vd=inistrative order requi_ing you to comply with the tec"xs a.ad conditions of your rit and for. the initiGtion of Iaq�a action where appropriate. You ve_1i be required to pay for any c�_•:eti.vs naa_iures ordered by this ofEica, and if ycL f.-il to comply -011t;h such directi•re, this office. may °mm cer •s'.rm situations (such as :hose speCi.E+ed ir, 33 CrR 2C4._?9) accosap«ioz they cusrective measures ny contract or otherwise and hill you for the cost. 5. Exteniioas: General Condition I establishes a time limit for the completion of the xcti.vity au 4orir_c:by tais permit. L•nless there are circumstances requiring either a pxompt coznpietior of the ;;uthor<_+•ed activity or a raevaluatio.,l of the public i.ntersst decision, the CorpK will normally give favorable eor_sideration to z request Ecr an extension of this time lis.it. �'eur sigmature below, as pe=ittee, indicates teat you accept and agree r.o colaply with, the te;7 mo and conditions of this permit. -- - Nt:si: :,awe Assoniation .., s ';ar3ii "'ncllftes effectfve when the Federal official, 3esigr_eted to ace for the 3eczetary of the Army, has signed below. ?ltay 8, 2043 (A:EST ICT EVGx`7 IZ) - - (DATE; -- ----_._—'--• TOR AND M BPHALF OFF .7alxa B. Q'C=.wTe. :olouel, LY.S. Army ?rasa tba etr.•xctures or work autho=ixed by thi a permit ara still :L= nt the tune the property is trexsxr_ t:z, thr terns and conditi.omis Cf this permmit will continue to be biding on the new ow•ner(s) of the proparty. 7o validate the transfer of this permit and the, associated li.sbilit=es associated with compl_a v¢with its terms and conditions, nave the txausfe_easiga and date below. A copy of ;he ..3:r transferee would be Beat to this office. (TFANSFERE,E) ENG FO A31T7. Nov 86 EDITION OF SEP 32 IS OBSOLETE (33 CFIi 323(Apoansi,r A)) 3 Sent by:PROPER T SERVICES May-30-03 02:S1PM from 6317347463*E3147?0 lMa' I t o oieka Cr p S O U T'H O L D ONIC +40 I �` x , r• Q ,� BA . CAN REA� ,HOGtx t f NECK r 1 .S�o' �� � � /ryt) �f 4''Y r � v \�/� �•�. PD[Rt i( Rd ,c XmNet� ' �t F tiyFly/ r� ._•.yy_� i•! 1 T '! 0-1 L" Y 19SYJ N v�J H 0 G N E C K EDP `craRa e�aca 1 eawvrr - E A Y KE a� Cedir Afach Poini THE AREA OF THE PROPO-SED crr>z.E PROJECT IS CIRPLED S Hoc NECK 1145b (Little Peconic Bay — West Lake association — Mainteuaaae Dredge with 50 4 J' NA5SAU Beach Nourishment, Plantings) " PVNT Ar JESSU7 I NECK Al J 1 CORPS OY nYG1 Rc ATA VICINITY MAP POSE:Dredge tr&mee channel and portions of Apphca6oa of West Lake to allow passage by boats, for private West Like Association re:SCTM#1000-90-1-11 recreational purposes. Represented by' DATUM:KW � PROPER T PERMIT SERVICES IN: West lake AT;Southold � P.O.Box 617,Cuwhoguc,NY 11935 COUNTY.Suffolk STATE:New York lames E.Fitzg=ld,lr_ 516-734-5800 March 2.2000 .MAY-29-04 SUN 11 ' 17 POINTE BISCAYNE 9403945 P. 06 ..<<:v W'•revr:w 9 :1 r..tiL7 rIV-14'1:3 bgItdj.H 0-cw 6317.•474%.3'6'•1734417� _ •ave I 1 hIb•rt J.�Crup+rkt,Praidynt Jt `f�7bwn Hull Jam**Xing,Yl=•PrV4i&dt 6o95 Man,pawa . ��usrEallfb p.1}.gox 117b `� EeuWc►td,No+vYork it971 Artie FaAw Fali.voda `;.. Tedap ono(616)746-1&0 Fax(610)7664828 VOAWI CW TOWN'!'RMMS TOWN bT SOt74'iTC1L.ti TO: West Lem _AssacstWn clo Pr_t -T aSer3de a..J]lt, _.�.�...�_.�. Pieane be advifi6d that your applicat:ian, dated De_•ernber 30, 2002 has been reviewed by this board, at the re ular meating of January 22. Z003 and the following act ion was taken; Application Approved (see below) ( } Application Denied (see below) ( ) Applioatjan T&bled (Mee below) Lf your application i$ approved as noted above, a permit Eee is now due. Make Check or Money ardor payablb to the sovthold Town Trurttes. The 'fog is'crMuted below according to the schedule of rdteg as set forth in the instruction sheet. The following fee M%st b* paid within 90 dayx or re-application free will be neoeaaary. CQj4RZ4ATj0N OF PEWIT FREE r 600 c.s . ® $10100 $6.000.00 TOTAL FLEES DUE s $— 6 j 000.00 • R_ SIDENT, BOAIW by TRUSTEES— 8Ys -6r—,EkK, BOI► 4198 i Key Hop {,fir- {�. ROGR 'f-f I G M �' o f: - �,^r,,,Ew 1',Yid Gross SeGtlOn A" — — — — — — RO'4D Entranco to Nest Lake Situate: Gedar Beach I Tovqn of Southo Id _ _ i 5uf f o I.k Gounty, NY � �° �� "erg Proposed: Maintaincme Dredging BQy ose: Safe Navigatlon ., Gross Section "3' D-arWrrlALN - - - - - .tw I Tide Range: 25' +/- ,Q, I E btho Rrectb 9 e � \ ew a«�,,o<:, Gross 5ection "E" 1 eoes .dope,ror Proposed grades -5.0 Of W�.aaa I Nt«.rb.e 0 e e I y b t`.ber -/-of d� deb-b m Par irvfteef Existinq grodes (-1.8) Extent i �" e ,t. HydraUln �redg 9 I , a 4 ,00� � • lI//l/ (apprO7• v Gross S-eGtion ` I 46� Gross Section - �- yt W W _ Mier--;a�.=o-r alope y,g e�/� j rn ' •• ;(-1.8) buW.eoO lento i 4'on- I -3A _I5 SIK Olwm wile ALH I -15 -3A l eKSt. .l II l r tblae k o6eOTbe a ►pobhrord I------- 1.5 -15 -1.5 0be used beoch I(oPp'ox-,00 cu.yds total) (-0B) one excess o �to be obve�dtrueked off s@e Gross Section "EY � to on 'Nrsvr-z°P sn' txtjo lnd _u-bdletl 1 I co�cr r�cmovedcte ^t-'" — — — — — — — to be as P�Tom Trustees i' i i edst. F , --Plk- - TOX'� I *. I GO• -b ,t * ,t (oBJ .�� �• % f5. .J (5v -�_-�--- 'k--��-- � 1'! 1 Si e0�ite * * t Sv,o� ,t ,t rt A * *�� `-'•: 1-3A 1 1 ! TO:r• 1 P�"jd tt r I1411 qAf. - __-_---�k_1/oi 1 i c�fF.�•O- -5 gputk+o I�yIQits 1 a I I p00 Per:Y I 100 his / � V 142 T w1o11 LO-v � tes E �,••.*g` * * - * 1 th vicst 1slip. ° "� Q-- ----- ----- B (��O) S� Rr x" 60 y-wra` t•t-f I I,or,s 3A F Go. 2_2 11 5"f 11 �11er 00, 1,1 plFred Rood -------------------------- E, * O _ SuF�,4p 1 • leave'"Y'� k "1m t V 1 et Sox _ �r e (4.4) rvrkhel��—.` K E -viol-t`'t�vc( [ubeS y rFF.GO�_2-3 W t"1 OW4. - - - o,a o� �) 1 ,(ark. o 6eobe ed 1 &Or6er 1 West Lake -i3rive---ale`e ,,,�,�d Vo�µorrr9 1 m o m lb.1J 1 it to be Yam..-` mat rtal t0 •5) 1 Press oNK'°KA,rr 1 loo' i t3 1 1 eC e 5Qa �d dry�9 ea(-1 F0 1 'she 1 -- - _ --- ---_ --: -- 0 0 0 ^ . Dr rtater15h be- groin Cp•So%1 1 For de rePlen 1 G�- owe 1te 1 1�' to t. to ox- ed oFF 5 od ---- m (-7.4) _ _la 010.. *;�. oy (a to be Qla�trWked bey r eutkhe t - - Amended n-u to o' So ytr�t 1 �• all F ll 5s to be low 51te be n•. 5-Oq-00 1 m O' ('G) 3�t�O-fork tt C l6. , eXGe Ov motion -- ---- --- 1 U asr. T1d+ 1 O F� �urlsd F ((0. Olwm 5-22-00 I 9AL C.o-S1 24 (T.4)� t E ----- 1 to CA 0%�P 2� _ ---alwm 62 -00 12b00 . a tAO` 1 - _ b-21-01 425 York.>nL3A 1 _ ---------i--------- O -1-14-OI T1c+'t 1 (O Li - OIY"Iffl 1 i' 01: ¢ 8-28-01 dye----- - a �3A Ib.1) ----- - - _ - - -alwni -___ -- --- 1 - -_ t`� r rErY 08-21-02 lS _ olwm r: ('9) �_ .` � 1-�; ` This plan was Beveloped From actual 3 �0� �p O� Field surveys conducted _kxie-b, 19981 ���-��:•..1 ,�� ; -- - - alwm -- - - - ,7'�,,,� � � f � and again on July I, 2001: -3A - - -olwm No.50197 J� Robert H. Fox, NYS LiG. # 501q� ; L4nit of � � " SEA LEVEL MAPPING dr t GALE: _ �O 6 EAST MAIN R VERHEAD, NI" IRIg01 -:-c-a' Ph. 516-72-7-315? Sheet I of I -